### 33181 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules

Written comments will be accepted through July 29, 2011, and may be sent to the Designated Federal Officer listed in the **FOR FURTHER INFORMATION**
**CONTACT** section above. All tribal consultation meetings are open to the public; however, transportation, lodging, and meals are the responsibility of the participating public.

Dated: May 31, 2011. Paul Tsosie, Chief of Staff, Assistant Secretary—Indian Affairs.
[FR Doc. 2011–14038 Filed 6–7–11; 8:45 am]

**BILLING CODE 4310–W7–P**

**DEPARTMENT OF THE INTERIOR**

**National Indian Gaming Commission**

**25 CFR Chapter III**

**Regulatory Review Schedule**

**AGENCY :**  National Indian Gaming Commission.

**ACTION :**  Notice of additional regulatory groups to be discussed at tribal consultations. **SUMMARY :**  On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of all its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out detailed consultation schedules and review processes. NIGC divided the regulations to be reviewed into five groups, and each group will be reviewed in three phases, the Drafting Phase, the Notice of Proposed Rulemaking phase, and the Notice of Final Rule Phase.

The purpose of this document is to add regulatory groups to five scheduled tribal consultations.

**DATES :**  See **SUPPLEMENTARY INFORMATION** below for dates and locations of consultations that will include additional regulatory groups for discussion.

**FOR FURTHER INFORMATION CONTACT :**  Lael Echo-Hawk, National Indian Gaming Commission, 1441 L Street, NW., Suite 9100, Washington, DC 20005. Telephone: 202–632–7003; e-mail: reg.review@nigc.gov.

**SUPPLEMENTARY INFORMATION :**  On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that it was conducting a comprehensive review of all regulations promulgated to implement 25 U.S.C. 2701–2721 of the Indian Gaming Regulatory Act (IGRA) and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule in the Federal Register setting out detailed consultation schedules and review processes. (76 FR 18457, April 4, 2011).

The Commission’s regulatory review process establishes a detailed tribal consultation schedule with a description of the regulation groups to be covered at each consultation. This document advises the public that the agendas of the following tribal consultations are amended to include review of all five regulatory groups.

Consultation date Event Location Regulation group(s)

July 20–21, 2011 ..................... NIGC Consultation—Southwest ............................................... Route 66 Casino Hotel, Albuquerque, NM. 1, 2, 3, 4, 5

July 28–29, 2011 ..................... NIGC Consultation—Northeast ................................................ DOI South Auditorium, Washington, DC. 1, 2, 3, 4, 5

Aug. 18–19, 2011 .................... Oklahoma Indian Gaming Association Conference ................. Tulsa, OK ................................ 1, 2, 3, 4, 5 Aug. 25–26, 2011 .................... NIGC Consultation—Southwest ............................................... Wild Horse Resort Casino, Scottsdale, AZ. 1, 2, 3, 4, 5

Sept. 7–8, 2011 ....................... NIGC Consultation—United Tribes International Powwow ...... Radisson Hotel, Bismarck, ND 1, 2, 3, 4, 5

For additional information on consultation locations and times, please refer to the Web site of the National Indian Gaming Commission, http:// www.nigc.gov. Please RSVP at consultation.rsvp@nigc.gov.

Please note that the Commission intends to post all written comments received during the regulatory review process on the Tribal Consultation webpage of the NIGC Web site located
at http://www.nigc.gov.

Authority: 25 U.S.C. 2706(b)(10); E.O.

13175. Dated: June 3, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman. Steffani A. Cochran,
Vice-Chairwoman. Daniel J. Little,

Associate Commissioner.
[FR Doc. 2011–14100 Filed 6–7–11; 8:45 am]

**BILLING CODE 7565–01–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R09–OAR–2011–0429; FRL–9316–8]**

**Revisions to the California State Implementation Plan, San Joaquin**  **Valley Unified Air Pollution Control District** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from brandy and wine aging operations. We are approving a local rule that regulates


### 33182 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules

these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

**DATES :**  Any comments must arrive by July 8, 2011.

**ADDRESSES :**  Submit comments, identified by docket number EPA–R09– OAR–2011–0429, by one of the following methods:

1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions.

2. E-mail: 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 http://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 http://www.regulations.gov or e-mail. http://www.regulations.gov is an

‘‘ anonymous access ’’ system, and EPA will not know your identity or contact information unless you provide it in thebody of your comment. If you send email directly to EPA, your e-mail 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.

Docket: Generally, documents in the docket for this action are available electronically at http:// 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 at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), 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 :**  Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, ‘‘we, ’’ ‘‘us ’’ and ‘‘ our’’ refer to EPA.

Table of Contents

I. The State’s Submittal

A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted

rule? II. EPA’s Evaluation and Action

A. How is EPA evaluating the rule? B. Does the rule meet the evaluation

criteria? C. EPA Recommendations to Further

Improve the Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews

I. The State’s Submittal

A. What rule did the State submit?

Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB).



### TABLE 

### 1—S UBMITTED 

### R ULES

Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ............................. 4695 Brandy Aging and Wine Aging Operations ............................ 09/17/09 05/17/10

On June 8, 2010, EPA determined that the submittal for SJVUAPCD Rule 4695 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule?

There are no previous versions of Rule 4695 in the SIP. C. What is the purpose of the submitted rule?

VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. Rule 4695 limits VOC emissions from large brandy aging and wine aging operations. EPA’s technical support document (TSD) has more information about this rule.

II. EPA’s Evaluation and Action A. How is EPA evaluating the rule?

Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source in nonattainment areas (see sections 182(a)(2) and (b)(2)), and must not relax existing requirements (see sections 110(l) and 193). The SJVUAPCD regulates an extreme ozone nonattainment area (see 40 CFR part 81), so Rule 4695 must fulfill RACT.

Guidance and policy documents that we use to evaluate enforceability and RACT requirements consistently include the following:

1. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, ’’ EPA, May 25, 1988 (the Bluebook).

2. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies, ’’ EPA Region 9, August 21, 2001 (the Little Bluebook).

3. ‘‘Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plans (SIP) ’’ SJVAPCD, April 16, 2009.

B. Does the rule meet the evaluation criteria?

We believe this rule is consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. Rule 4695 Section 5.5 requires all brandy aging operations be conducted in a warehouse that is initially certified and maintained as a Permanent Total Enclosure (PTE) using the requirements of EPA Method 204. The TSD has more information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

The TSD describes additional rule revisions that we recommend for the next time the local agency modifies Rule 4695 but are not currently the basis for rule disapproval.

D. Public Comment and Final Action

Because EPA believes the submitted rule fulfills all relevant requirements, we are proposing to fully approve it as described in section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate this rule into the federally enforceable SIP.


### 33183 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules

III. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this 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 Clean Air Act; and

• Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq. Dated: May 19, 2011. Jared Blumenfeld, Regional Administrator, Region IX.
[FR Doc. 2011–14201 Filed 6–7–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 174**

**[EPA–HQ–OPP–2009–0609; FRL–8874–8]**

**Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or**  **on Various Commodities**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of filing of petition and request for comment.

**SUMMARY :**  This document announces the Agency’s receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

**DATES :**  Comments must be received on or before July 8, 2011.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2009–0609 and the pesticide petition number (PP), by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

• Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001.

• Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805.

Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2009– 0609 and the PP. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line 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 otherwiseprotected through regulations.gov or email. The 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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 docket index available
at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., 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 in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805.

**FOR FURTHER INFORMATION CONTACT :**  Mike Mendelsohn, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: