14728 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

and benching requirements, pictorial 

examples of shoring and shielding 

devices, timber tables, hydraulic shoring 

tables and section charts that provide a 

graphic summary of the requirements 

contained in the Standard. 

On August 21, 2002, OSHA published 

a Federal Register document requesting 

public comments on the Excavations 

Standard and, specifically, on all issues 

raised by section 610 of the RFA and 

section 5 of Executive Order 12866 (67 

FR 54103). The Regulatory Review 

summarizes the public comments and 

responds to them, and makes the 

following major findings: 

• There is a continued need for the 

Standard. The annual number of 

trenching and excavation fatalities has 

declined from an estimated 90 fatalities 

per year prior to the enactment of the 

1989 Standard, to approximately 70 per 

year since 1990. 

This 22% reduction is even more 

impressive given the 20% real increase 

in construction activity over this period. 

Therefore, in relation to increased 

construction activity, fatalities have 

been reduced by more than 40%. 

Although the Standard has improved 

safety, it remains needed in light of the 

ongoing occurrence of related fatalities, 

most of which result from violations of 

the Standard. OSHA intends to expand 

outreach and maintain enforcement to 

further reduce fatalities. 

• The Standard does not impose an 

unnecessary or disproportionate burden 

on small business or on industry in 

general. The cost of protective systems 

has decreased by 10 percent in real 

dollars between 1990 and 2001. The 

number of small businesses engaged in 

excavation activity has increased, and 

the percentage of excavation work done 

by small business has increased. Real 

construction activity has increased. 

• There is no indication that 

employers are unable to comply due to 

the complexity of the revised Standard. 

Nonetheless, public comments 

suggested some ways in which the 

Standard might be simplified or 

clarified (although some argued that any 

changes would only serve to confuse 

and discourage those who now 

understand and follow the Standard). 

The expanded outreach will address 

these matters. 

• In general, the Standard does not 

overlap, duplicate, or conflict with other 

state or Federal rules. Several 

commenters, however, identified a 

possible conflict between the 

Excavations Standard and OSHA’s 

standard for confined spaces. OSHA 

will address this issue in its future 

rulemaking for confined spaces in 

construction. 

• Economic and technological trends 

have not reduced the need for the 

Standard. However, the development of 

so-called ‘‘trenchless’’ technologies (e.g., 

directional boring machines) has added 

a new dimension to excavation work 

(including additional hazards) that 

OSHA will monitor. 

• Public comments contained some 

specific suggestions for how the 

Standard could be made more effective, 

although the comments were divided as 

to whether or not the Standard should 

be modified. In light of the effectiveness 

of the Standard, the certainty it has 

created, and limited regulatory 

resources, major modifications are not 

of high priority. 

• The National Transportation Safety 

Board (NSTB) recommended that OSHA 

amend the Excavations Standard to 

require employers to notify appropriate 

authorities after excavation activities 

create a gas leak or leak of other 

hazardous substances. Since then, the 

‘‘Pipeline Inspection, Protection, 

Enforcement, and Safety Act (PIPES) of 

2006’’ has been enacted. Section 2 of 

PIPES requires all persons (including 

employers) engaged in demolition, 

excavation, tunneling, or construction to 

immediately call 911 if: (1) They 

damage a pipeline that may endanger 

life or cause serious bodily harm or 

damage to property; and (2) such 

damage results in the escape of 

flammable, toxic, or corrosive gas or 

liquid. OSHA will monitor the 

implementation of PIPES and consider 

whether amending the Excavations 

Standard as suggested by NTSB is 

necessary and appropriate. 

• The Standard remains consistent 

with the President’s priorities to the 

extent that it has produced the intended 

benefits, a reduction in trenching and 

excavation fatalities and injuries, while 

not causing negative economic effects. 

Based on the findings of this review, 

OSHA finds that the Excavations 

Standard should be continued. OSHA 

also believes that further increases in 

safety might be achieved through 

increased outreach and training. 

Signed at Washington, DC, this 19th day of 

March, 2007. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor. 

[FR Doc. E7–5609 Filed 3–28–07; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0774; FRL–8284–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to Indiana’s State 

Implementation Plan (SIP) submitted on 

August 25, 2006, revising its existing 

emission reporting rule to be consistent 

with the emission statement program 

requirements for stationary sources in 

the Clean Air Act (CAA). Indiana held 

public hearings on the submittal on 

December 7, 2005, and March 1, 2006. 

DATES: Comments must be received on 

or before April 30, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0774, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312)886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

Hatten.Charles@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14729 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives 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. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: February 27, 2007. 

Steve Rothblatt, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–5654 Filed 3–28–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0976; FRL–8292–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Control of Gasoline Volatility 

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 Ohio 

on February 14, 2006 and October 6, 

2006, establishing a lower Reid Vapor 

Pressure (RVP) fuel requirement for 

gasoline distributed in the Cincinnati 

and Dayton 8-hour ozone nonattainment 

areas. Ohio has developed these fuel 

requirements to reduce emissions of 

volatile organic compounds (VOC) in 

accordance with the requirements of the 

Clean Air Act (CAA). EPA is proposing 

to approve Ohio’s fuel requirements into 

the Ohio SIP because EPA has found 

that the requirements are necessary for 

the Cincinnati and Dayton areas to 

achieve the 8-hour ozone national 

ambient air quality standard (NAAQS). 

This action is being taken under section 

110 of the CAA. 

DATES: Comments must be received on 

or before April 30, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0976, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 a.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0976. 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

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 statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. We 

recommend that you telephone 

Francisco J. Acevedo, Environmental 

Protection Specialist, at (312) 886–6061 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Environmental 

Protection Specialist, Criteria Pollutant 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. Description of the SIP Revision and EPA’s 

Action. 

A. What Is the Background for This 

Action? 

B. What Is Reid Vapor Pressure? 

C. What Are the Relevant Clean Air Act 

Requirements? 

D. How Has the State Met the Test Under 

Section 211(c)(4)(C)? 

E. What Are the Relevant Energy Policy 

Act Requirements? 

F. How Has the State Met the Relevant 

Energy Policy Act Requirements? 

G. Why Is EPA Taking This Action? 

H. What Other Relevant Materials Has the 

State Submitted? 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http:// 


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