Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5323 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211(66 FR 18355 (May 22, 

2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rule involves a 

technical standard. EPA is proposing to 

adopt an ASTM standard as described 

in Units II.A of the SUPPLEMENTARY

INFORMATION section of this document. 

The technical standard included in 

today’s rule is a standard developed by 

ASTM, a voluntary consensus standards 

body, and thus raises no issues under 

the NTTAA. The ASTM standard in 

today’s action may be obtained from 

ASTM International at 100 Barr Harbor 

Drive, PO Box C700, West 

Conshohocken, PA 19428–2959, 610– 

832–9585 (phone), 610–832–9555 (fax), 

or service@astm.org (e-mail); or through 

the ASTM Web site (http:// 

www.astm.org). 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice and Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The proposed 

allowance of ASTM D6500–05 will 

provide additional flexibility to the 

regulated community in meeting olefins 

in gasoline testing requirements. This 

proposed rule amendment does not 

relax control measures on sources 

regulated by the rule and therefore will 

not cause emission increases from these 

sources. 

IV. Statutory Provisions and Legal 

Authority 

Statutory authority for today’s 

proposed rule comes from sections 

211(c) and 211(k) of the CAA (42.U.S.C. 

7545(c) and (k)). Section 211(c) allows 

EPA to regulate fuels that contribute to 

air pollution which endangers public 

health or welfare, or which impairs 

emission control equipment. Section 

211(k) prescribes requirements for RFG 

and CG and requires EPA to promulgate 

regulations establishing these 

requirements. Additional support for 

the fuels controls in today’s proposed 

rule comes from sections 114(a) and 

301(a) of the CAA. 

Regulation of Fuel and Fuel Additives: 

Alternative Test Method for Olefins in 

Gasoline 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, 

Gasoline, Diesel, Imports, Incorporation 

by reference, Motor vehicle pollution, 

Reporting and recordkeeping 

requirements. 

Dated: January 25, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, part 80 of title 40, chapter I 

of the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

1. The authority citation for part 80 

continues to reads as follows: 

Authority: 42 U.S.C. 7414, 7521(l), 7545 

and 7601(a). 

Subpart D—[Amended] 

2. Section 80.46 is amended by 

adding paragraphs (b)(2) and (h)(1)(iii) 

to read as follows: 

§ 80.46 Measurement of reformulated 

gasoline fuel parameters. 

* * * * * 

(b) * * * 

(2)(i) Any refiner or importer may 

determine olefin content using ASTM 

standard method ASTM D6550 

(incorporated by reference, see 

paragraph (h) of this section) for 

purposes of meeting any testing 

requirement involving olefin content; 

provided that 

(ii) The refiner or importer test result 

is correlated with the method specified 

in paragraph (b)(1) of this section on a 

site-specific basis. 

* * * * * 

(h) * * * 

(1) * * * 

(iii) ASTM standard method D6550– 

05 (‘‘ASTM D6550’’), Standard Test 

Method for Determination of Olefin 

Content of Gasolines by SupercriticalFluid Chromatography, approved 

November 1, 2005. 

* * * * * 

[FR Doc. 2011–2046 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2010–0749; FRL–9260–7] 

Determination of Attainment for PM10; 

Columbia Falls and Libby 

Nonattainment Areas, MT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to 

determine that the Columbia Falls and 

the Libby nonattainment areas in 

Montana attained the National Ambient 

Air Quality Standard for particulate 

matter with an aerodynamic diameter of 

less than or equal to a nominal ten 

micrometers (PM10) as of December 31, 

1994. 

DATES: Written comments must be 

received on or before March 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0749, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: freeman.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
5324 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, U.S. Environmental 

Protection Agency, Region 8, Air 

Program, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination as a direct 

final rule without prior proposal 

because EPA views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the preamble to the direct final rule. If 

EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

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, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: January 20, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–2120 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385, 386, 390, and 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service of Drivers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session and on-line comment and 

question session. 

SUMMARY: FMCSA announces that it will 

hold a public listening session to solicit 

comments and information on its notice 

of proposed rulemaking (NPRM) on 

hours-of-service (HOS) requirements, 

which it published in the Federal 

Register on December 29, 2010. 

Specifically, the Agency wants to know 

what factors, issues, and data it should 

consider as it analyzes responses to its 

NPRM on HOS requirements for 

property-carrying commercial motor 

vehicle (CMV) drivers. The session, 

which will be held in Arlington, 

Virginia, will allow interested persons 

to present comments, views, and 

relevant new research that FMCSA 

should consider in its final rule. All 

comments will be transcribed and 

placed in the rulemaking docket for 

FMCSA’s consideration. FMCSA also 

announces that it will hold an on-line 

comment and question session on the 

same day, a transcript of which will also 

be placed in the rulemaking docket. 

DATES: The listening session will be 

February 17, 2011, in Arlington, VA 

(near Washington, DC). The listening 

session will begin at 10 a.m. and end at 

5 p.m. e.t., or earlier, if all participants 

wishing to express their views have 

done so. The on-line comment and 

question session will be held from Noon 

to Midnight e.t. 

ADDRESSES: The February 17, 2011, 

meeting will be held at the Crowne 

Plaza Washington National Airport, 

1480 Crystal Drive, Arlington, VA 

22202. The hotel telephone number is 

800–972–3159. 

Internet Address for Alternative 

Media Broadcasts During and 

Immediately After the Listening Session. 

FMCSA will post specific information 

on how to participate via the Internet 

and telephone on the FMCSA Web site 

at http://www.fmcsa.dot.gov/rulesregulations/topics/hos/HOS–ListeningSessions.aspx. 

You may submit comments bearing 

the Federal Docket Management System 

(FDMS) Docket ID FMCSA–2004–19608 

using any of the following methods. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

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. e.t., Monday through Friday, 

except Federal Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or visit 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m. e.t., Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the Federal Docket 

Management System published in the 

Federal Register on January 17, 2008 

(73 FR 3316), or you may visit http:// 

edocket.access.gpo.gov/2008/pdf/E8– 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the HOS rules, 

contact Mr. Thomas Yager, Chief, 

FMCSA Driver and Carrier Operations 

Division, (202) 366–4325. 

If you need sign language assistance 

to participate in this HOS listening 

session, contact Mr. David Miller, 

FMCSA Regulatory Development 

Division, (202) 366–5370 or at 

FMCSAregs@dot.gov, by Thursday, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS