51922 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 

based on a determination that the 

commodities or services are of a type 

not produced in and available for 

purchase in Code xxx and may also be 

based on a factual finding that a 

commodity is not mined or grown in 

Code xxx, or if produced, any 

substantial part of manufacturing, 

assembly or processing of a commodity 

takes place in a country other than in 

Code xxx. A waiver under paragraph 

(a)(1) of this section may also be based 

on the fact that a commodity is not 

available for purchase in Code xxx in 

sufficient, reasonable and available 

quantities or sufficient and reasonable 

quality that is fit for the intended 

purpose. 

(c) A waiver to authorize procurement 

from outside the United States of 

agricultural commodities, motor 

vehicles, and pharmaceuticals (see 

§ 228.18) must also meet the 

requirements established in USAID 

directives on commodity eligibility. 

USAID will maintain a list of current 

requirements for commodity eligibility, 

which will be available in USAID’s 

Automated Directives System, ADS 310. 

(d) Any individual transaction not 

exceeding $25,000 (excluding those 

covered by special procurement rules in 

§ 228.18) does not require a waiver. 

§ 228.31 Authority to approve waivers. 

The authority to approve waivers of 

established policies on source and 

nationality are delegated authorities 

within USAID. Contractors or recipients 

of assistance agreements shall request 

any necessary waivers through the 

USAID contracting or agreement officer. 

John R. Niemeyer, 

Office of the General Counsel. 

[FR Doc. 2011–20773 Filed 8–18–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–109006–11] 

RIN 1545–BK13 

Modifications of Certain Derivative 

Contracts; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking by cross-reference to 

temporary regulations. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking by cross-reference to 

temporary regulations (REG–109006–11) 

relating to whether an exchange for 

purposes of § 1.1001–1(a) occurs for the 

nonassigning counterparty when there 

is an assignment of certain derivative 

contracts. It was published in the 

Federal Register on Friday, July 22, 

2011 (76 FR 43957). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Andrea M. Hoffenson, (202) 622–3920 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 1001 of the Internal Revenue 

Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking by cross-reference to 

temporary regulations (REG–109006–11) 

contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking by crossreference to temporary regulations 

(REG–109006–11), which was the 

subject of FR Doc. 2011–18531, is 

corrected as follows: 

1. On page 43957, column 2, in the 

preamble, under the caption FOR

FURTHER INFORMATION CONTACT:, second 

line, the language ‘‘Andrea Hoffenson, 

(202) 622–3920’’ is corrected to read 

‘‘Andrea M. Hoffenson, (202) 622– 

3920;’’. 

2. On page 43957, column 4, in the 

preamble, under the paragraph heading 

‘‘Drafting Information’’, third line, the 

language ‘‘Office of Associate Chief 

Council’’ is corrected to read ‘‘Office of 

Associate Chief Counsel’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2011–21182 Filed 8–18–11; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0600; FRL–9453–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Plastic Parts 

and Business Machines Coating 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland (Maryland). This SIP revision 

includes amendments to the Code of 

Maryland (COMAR) 26.11.19.07, 

Volatile Organic Compounds from 

Specific Processes, Paper, Fabric, Film 

and Foil Coating, and adds new COMAR 

26.11.19.07–2, Plastic Parts and 

Business Machines Coating. Maryland’s 

SIP revision meets the requirement to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) for Miscellaneous 

Metal and Plastic Parts Coatings and 

will help Maryland attain and maintain 

the National Ambient Air Quality 

Standard (NAAQS) for ozone. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before September 19, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0600 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0600, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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–2011– 

0600. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 51923 

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 submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

22, 2011, the Maryland Department of 

the Environment (MDE) submitted to 

EPA a SIP revision concerning the 

adoption of the plastic parts and 

business machines coating standards 

found in the Miscellaneous Metal and 

Plastic Parts CTG. 

I. Background 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, states must revise 

their SIPs to include RACT for sources 

of volatile organic compound (VOC) 

emissions covered by a CTG document 

issued after November 15, 1990 and 

prior to the area’s date of attainment. 

CTGs are intended to provide state 

and local air pollution control 

authorities information that should 

assist them in determining RACT for 

VOCs from various sources, including 

plastic parts and business machines 

coatings. In developing these CTGs, 

EPA, among other things, evaluated the 

sources of VOC emissions from this 

industry and the available control 

approaches for addressing these 

emissions, including the costs of such 

approaches. Based on available 

information and data, EPA provided 

recommendations for RACT for VOCs 

from plastic parts and business 

machines coatings. 

In June 1978, EPA published a CTG 

for controlling VOC emissions from 

surface coating of miscellaneous metal 

and plastic products (EPA–450/2–78– 

015), which includes plastic parts and 

business machines coatings. This CTG 

discusses the nature of VOC emissions 

from this industry, available control 

technologies for addressing such 

emissions, the costs of available control 

options, and other items. EPA 

promulgated national standards of 

performance for new stationary sources 

New Source Performance Standards for 

miscellaneous metal and plastic 

products industry and EPA also 

published a national emission standard 

for hazardous air pollutants (NESHAP) 

for this industry. 

In 2008, after conducting a review of 

currently existing state and local VOC 

emission reduction approaches for the 

plastic parts and business machines 

industry, reviewing the 1978 CTG and 

the NESHAP for this industry, and 

taking into account the information that 

has become available since then, EPA 

developed a new CTG for miscellaneous 

metal and plastic parts, entitled Control 

Techniques Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coatings (Publication No. EPA 453/R– 

08–003). 

The miscellaneous metal product and 

plastic parts surface coatings categories 

under section 183(e) of the CAA 

includes the coatings that are applied to 

the surfaces of a varied range of metal 

and plastic parts and products. Such 

parts or products are constructed either 

entirely or partially from metal or 

plastic. The VOC emissions from 

miscellaneous metal product and plastic 

parts surface coating processes result 

from the evaporation of the volatile 

components of the coatings and 

cleaning materials used in these 

operations. 

II. Summary of SIP Revision 

On June 22, 2011, MDE submitted to 

EPA a SIP revision (#11–03) concerning 

the adoption of the emission limits for 

plastic parts and business machines 

coatings, part of the EPA miscellaneous 

metal and plastic parts coatings CTG. 

EPA develops CTGs as guidance on 

control requirements for source 

categories. States can follow the CTGs or 

adopt more restrictive standards. 

Maryland has adopted EPA’s CTG 

standards for plastic parts and business 

machine coating processes. These 

regulations are in COMAR 26.11.19, 

Volatile Organic Compounds from 

Specific Processes. Specifically, this 

revision amends the existing regulation 

in Section 26.11.19.07 by moving 

existing VOC coating standards for 

plastic parts and vinyl from this section 

to new a Section, COMAR 26.11.19.07– 

2, Plastic Parts and Business Machines 

Coating. Additionally, coating standards 

for plastic parts and business machines 

from EPA’s CTG are being adopted into 

COMAR 26.11.19.07–2, as well as new 

definitions and application methods. 

Tables 1–3 below outline the emission 

standards adopted by Maryland for 

plastic parts coatings, business 

machines coatings, and printing 

standards. A detailed summary of EPA’s 

review of and rationale for proposing to 

approve this SIP revision may be found 

in the Technical Support Document 

(TSD) for this action which is available 

on line at http://www.regulations.gov, 

Docket number EPA–R03–OAR–2011– 

0600. 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
51924 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 

TABLE 1—PLASTIC PARTS COATING STANDARDS

Coating installation 

Applicability 

(pounds of 

VOC per day) 

Pounds of 

VOC per gallon of coating 

(as applied 

minus water) 

Kilograms of 

VOC per liter 

of coating (as 

applied minus 

water) 

Decorative coating of other plastic parts ..................................................................................... 20 5.9 0.70 

General, one-component ............................................................................................................. 15 2.3 0.28 

General, multi-component ........................................................................................................... 15 3.5 0.42 

Electric dissipating coatings and shock-free coatings ................................................................. 15 6.7 0.80 

Extreme performance .................................................................................................................. 15 3.5 0.42 

Metallic ......................................................................................................................................... 15 3.5 0.42 

Military specification, one-component ......................................................................................... 15 2.8 0.34 

Military specification, multi-component ........................................................................................ 15 3.5 0.42 

Mold seal ..................................................................................................................................... 15 6.3 0.76 

Multi-colored coatings .................................................................................................................. 15 5.7 0.68 

Optical coatings ........................................................................................................................... 15 6.7 0.80 

Plastic vehicle parts ..................................................................................................................... 20 3.0 0.36 

Vacuum-metalizing ...................................................................................................................... 15 6.7 0.80 

Vinyl ............................................................................................................................................. 20 3.8 0.45 

TABLE 2—BUSINESS MACHINES COATING STANDARDS

Coating installation 

Applicability 

(lbs of VOC 

per day) 

Pounds of 

VOC per gallon of coating 

(as applied 

minus water) 

Kilograms of 

VOC per liter 

of coating (as 

applied minus 

water) 

Prime coat .................................................................................................................................... 15 2.9 0.35 

Topcoat ........................................................................................................................................ 15 2.9 0.35 

Texture coat ................................................................................................................................. 15 2.9 0.35 

Fog coat ....................................................................................................................................... 15 2.9 0.26 

Touchup and repair ..................................................................................................................... 15 2.9 0.35 

TABLE 3—PRINTING STANDARDS

Printing installation Applicability (lbs of VOC per day) 

Pounds of 

VOC per gallon of coating 

(as applied 

minus water) 

Kilograms of 

VOC per liter 

of coating (as 

applied minus 

water) 

Plastic other than vinyl ................................................. Non-major source ......................................................... 5.8 0.69 

Plastic other than vinyl ................................................. Major source as defined in COMAR 26.11.19.01B(4) 3.8 0.45 

Vinyl .............................................................................. 20 .................................................................................. 3.8 0.45 

III. Proposed Action 

EPA is proposing to approve 

Maryland’s SIP revision for adoption of 

the CTG standards for plastic parts and 

business machines coatings. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 51925 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule 

concerning Maryland’s adoption of CTG 

standards for plastic parts and business 

machines coatings does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 3, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–21279 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0491; EPA–R03– 

OAR–2011–0570; FRL–9453–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maryland. These SIP revisions pertain 

to amendments to Maryland’s rule for 

the control of volatile organic 

compound (VOC) emissions from 

chemical production and 

polytetrafluoroethylene (PTFE) 

operations, from paint, resin, and 

adhesive manufacturing, and from 

adhesive and sealant application. These 

SIP revisions also pertain to an addition 

of a new regulation for the control of 

VOC emissions from adhesives and 

sealants. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 19, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Numbers EPA– 

R03–OAR–2011–0491 and EPA–R03– 

OAR–2011–0570 by one of the following 

methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0491 

and EPA–R03–OAR–2011–0570, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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 Nos. EPA–R03–OAR–2011– 

0491 and EPA–R03–OAR–2011–0570. 

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 submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

18, 2008, the Maryland Department of 

the Environment (MDE) submitted 

revisions to its SIP (Maryland SIP #08– 

02) regarding the control of VOC 

emissions from PTFE operations 

(amending Regulation .30 under 

COMAR 26.11.19) and from adhesives 

and sealants operations (adding 

Regulations .01–.07 under a new 

chapter, COMAR 26.11.35). On May 28, 

2009, MDE submitted another revision 

to its SIP (Maryland SIP #09–01) 

amending Regulation .01 under COMAR 

26.11.35. In addition, on April 23, 2010, 

EPA received a SIP revision (Maryland 

SIP #10–06) amending the control of 

VOC emissions from paint, resin, and 

adhesive manufacturing and adhesive 

and sealant application (Regulations 

.15A and .15C(4) under COMAR 

26.11.19). 

The SIP revisions consist of the 

following: 

A. Amendments to Regulation .30, 

Control of Volatile Organic Compounds 

From Chemical Production and 

Polytetrafluoroethylene Operations 

Under COMAR 26.11.19 (Volatile 

Organic Compounds From Specific 

Processes) 

COMAR 26.11.19.30 (Control of 

Volatile Organic Compounds from 

Chemical Production and 

Polytetrafluoroethylene Operations) is 

in the Maryland SIP. (See 40 CFR 

52.1070(c) and 68 FR 33000, June 3, 

2003). COMAR 26.11.19.30 sets 

reasonably available control technology 

(RACT) for: (1) Organic chemical 

installations which are process 

equipment that operate independently 

or in combination with other equipment 

reactors, distillation columns, 

evaporators, strippers and other similar 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS