26166 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all the 

administrative requirements applicable 

to this action, see Section IV in the 

direct final rule amending the diesel 

sulfur regulations and gasoline benzene 

regulations in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. The following discussion is 

related to the information collection 

requirements under the Paperwork 

Reduction Act. 

The modifications to the diesel sulfur 

information collection requirements in 

this rule have been submitted for 

approval to the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

The information collection requirements 

are not enforceable until OMB approves 

them. 

This proposed rule provides refiners, 

importers and distributors of ULSD 

highway diesel fuel with additional 

flexibility to comply with the diesel 

sulfur regulations. The flexibility 

afforded under this rule is optional. 

Modest information collection 

requirements in the form of reports for 

noncompliant diesel sulfur samples are 

required for those parties who avail 

themselves of the flexibility provided in 

this rule. 

The estimated hourly burden per 

respondent for the diesel surveys is 16 

hours. The estimated annual hourly 

burden is 320 hours for all respondents 

(assuming 20 respondents per year). The 

estimated hourly cost is $71 per hour. 

The total estimated cost per respondent 

is $1,136. The total estimated cost for all 

respondents is $22,270. 

The information under this rule will 

be collected by EPA’s Transportation 

and Regional Programs Division, Office 

of Transportation and Air Quality, 

Office of Air and Radiation (OAR), and 

by EPA’s Air Enforcement Division, 

Office of Regulatory Enforcement, Office 

of Enforcement and Compliance 

Assurance (OECA). The information 

collected will be used by EPA to 

evaluate compliance with the 

requirements under the diesel sulfur 

program. This oversight by EPA is 

necessary to ensure attainment of the air 

quality goals of the diesel sulfur 

program. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this direct final rule. 

Today’s rule also amends the gasoline 

benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners. The amendment to the 

gasoline benzene regulations does not 

impose any new information collection 

burden. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing gasoline benzene regulations at 

40 CFR part 80, subpart L, under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0277. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

IV. Statutory Provisions and Legal 

Authority 

Statutory authority for the fuel 

controls set in this proposed rule comes 

from sections 211 and 301(a) of the 

CAA. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, Diesel, 

Gasoline, Imports, Incorporation by 

reference, Labeling, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: May 3, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–10909 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0654; FRL–9146–7] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is issuing a 

Notice of Intent to Delete the Asbestos 

Dump Superfund Site (Site) located in 

Meyersville, New Jersey, from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of New Jersey, through the 

New Jersey Department of 

Environmental Protection (NJDEP), have 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

June 10, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0654, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: hwilka.theresa@epa.gov: 

Theresa Hwilka, Remedial Project 

Manager 

seppi.pat@epa.gov: Pat Seppi, 

Community Involvement Coordinator. 

• Fax: 212–637–4429. 

• Mail: Theresa Hwilka, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region II, 

Emergency & Remedial Response 

Division, 290 Broadway, 19th Floor, 

New York, NY 10007; Or Pat Seppi, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency, 

Region II, Public Affairs Division, 290 

Broadway, 26th Floor, New York, NY 

10007. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region II, 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 26167 

Emergency & Remedial Response 

Division, 290 Broadway, 19th Floor, 

New York, NY 10007. 

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–HQ–SFUND–2009– 

0654. 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 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 the hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region II, Superfund Records Center, 

290 Broadway, Room 1828, (212) 637– 

4308, Hours: 9 a.m. to 5 p.m., Monday 

through Friday; and at Long Hill 

Township Free Public Library, 91 

Central Avenue, Sterling, NJ 07930, 

(908) 647–2088, Hours: 9 a.m. to 8 p.m., 

Monday through Thursday, 9 a.m. to 5 

p.m., Friday and Saturday. 

FOR FURTHER INFORMATION CONTACT: 

Theresa Hwilka, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region II, 290 Broadway, New 

York, NY 10007, (212) 637–4409, e-mail: 

hwilka.theresa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

In the ‘‘Rules and Regulations’’ 

Section of today’s Federal Register, we 

are publishing a direct final Notice of 

Deletion of the Asbestos Dump 

Superfund Site without prior Notice of 

Intent to Delete because we view this as 

a noncontroversial revision and 

anticipate no adverse comment. We 

have explained our reasons for this 

deletion in the preamble to the direct 

final Notice of Deletion, and those 

reasons are incorporated herein. If we 

receive no adverse comment(s) on this 

deletion action, we will not take further 

action on this Notice of Intent to Delete. 

If we receive adverse comment(s), we 

will withdraw the direct final Notice of 

Deletion, and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: April 1, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–10848 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

42 CFR Part 5 

Designation of Medically Underserved 

Populations and Health Professions 

Shortage Areas; Intent To Form 

Negotiated Rulemaking Committee 

AGENCY: Health Resources and Services 

Administration, HHS. 

ACTION: Notice of Intent To Form 

Negotiated Rulemaking Committee. 

SUMMARY: As required by Section 5602 

of Public Law 111–148, the Patient 

Protection and Affordable Care Act of 

2010, HRSA plans to establish a 

comprehensive methodology and 

criteria for Designation of Medically 

Underserved Populations (MUPs) and 

Primary Care Health Professions 

Shortage Areas (HPSAs) [under sections 

330(b)(3) and 332 of the Public Health 

Service (PHS) Act, respectively], using a 

Negotiated Rulemaking process. To do 

this, HRSA intends to establish a 

Negotiated Rulemaking Committee 

under the Federal Advisory Committee 

Act (FACA). 

Use of this Negotiated Rulemaking 

(NR) process follows two previous 

publications of Proposed Rules on 

MUP/HPSA designation for public 

comment, one in 1998 and one in 2008. 

In both cases, many public comments 

were received, and the concerns 

expressed resulted in a HRSA decision 

to reconsider and develop a new 

proposal to be published at a later date; 

no final revised rule has yet been 

adopted. It is hoped that use of the NR 

process will yield a consensus among 

technical experts and stakeholders on a 

new rule, which will then be published 

as an Interim Final Rule in accordance 

with Section 5602. 

HRSA plans that the NR Committee 

on designations will include technical 

experts on indicators of underservice/ 

shortage, data analysis, and on 

methodologies for combining multiple 

indicators, representing the public’s 

interest in assuring that the areas, 

populations and entities to be 

designated under these rules, which 

become eligible for various Federal 

programs/resources, are truly 

underserved and/or have workforce 

shortages and representatives of 

programs and other stakeholders that 

are involved in the designation process 

and/or likely to be significantly affected 

by the designation rules; and (c) a HRSA 

representative. The Committee will also 

be assisted by a neutral facilitator. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1