59176 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

1Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/520001p.pdf. 

Dated: September 21, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–24093 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 222 

[DoD–2010–OS–0043; RIN 0790–AI62] 

DoD Mandatory Declassification 

Review (MDR) Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This part implements policy 

established in DoD Instruction 5200.01. 

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

DATES: Comments must be received by 

November 26, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number and/or RIN number for 

this Federal Register document. The 

general policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Robert Storer, 703–696–2197. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

222 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order 12866, 

as amended by Executive Order 13422. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

222 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

222 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

The rule implements the procedures for 

the effective administration of the DoD 

MDR Program. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

222 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

222 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 222 

Declassification; security information. 

Accordingly, 32 CFR part 222 is 

proposed to be added to read as follows: 

PART 222—DOD MANDATORY 

DECLASSIFICATION REVIEW (MDR) 

PROGRAM 

Sec. 

222.1 Purpose. 

222.2 Applicability. 

222.3 Definitions. 

222.4 Policy. 

222.5 Responsibilities. 

222.6 MDR processing procedures. 

Appendix A to Part 222—Addressing MDR 

requests. 

Authority: 5 U.S.C. 552 

§ 222.1 Purpose. 

This part implements policy 

established in DoD Instruction 5200.01.1

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

§ 222.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 222.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

Foreign government information. (1) 

Information provided to the United 

States Government by a foreign 

government or governments, an 

international organization of 

governments, or any element thereof, 

with the expectation that the 

information, the source of the 

information, or both, are to be held in 

confidence; 

(2) Information produced by the 

United States pursuant to or as a result 

of a joint arrangement with a foreign 

government or governments, or an 

international organization of 

governments, or any element thereof, 

requiring that the information, the 

arrangement, or both, are to be held in 

confidence; or 

(3) Information received and treated 

as ‘‘Foreign Government Information’’ 

under the terms of a predecessor order 

to E.O. 13526. 

Formal tracking system. A system 

designed to ensure DoD Component 

accountability and compliance. For each 

MDR request, the system shall contain 

as a minimum a unique tracking 

number, requester’s name and 

organizational affiliation, information 

requested, date of receipt, and date of 

closure. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59177 

Formerly Restricted Data. Information 

removed from the Restricted Data 

category upon a joint determination by 

the Department of Energy (or antecedent 

Agencies) and the Department of 

Defense that such information relates 

primarily to the military utilization of 

atomic weapons and that such 

information can be safeguarded 

adequately as classified defense 

information. For purposes of foreign 

dissemination, this information is 

treated in the same manner as Restricted 

Data. 

MDR. Review classified information 

for declassification in response to a 

declassification request that meets the 

requirements under section 3.5 of 

Executive Order 13526. 

Restricted Data. All data concerning 

the following: 

(1) Design, manufacture or utilization 

of atomic weapons; 

(2) Production of special nuclear 

material; or 

(3) Use of special nuclear material in 

the production of energy, but shall not 

include data declassified or removed 

from the Restricted Data category under 

Section 142 of the Atomic Energy Act of 

1954, as amended. 

Transclassification of Foreign Nuclear 

Information (TFNI). Classified 

information moved from the Restricted 

Data category to National Security 

Information (NSI) after the Department 

of Energy and the Director, National 

Intelligence jointly determine that it: 

(1) Concerns the atomic energy 

programs of other nations, and 

(2) It can be adequately safeguarded in 

a manner similar to NSI, and 

(3) It shall not be automatically 

declassified. 

§ 222.4 Responsibilities. 

(a) The Director, Washington 

Headquarters Services, shall process 

MDR requests for OSD, the Office of the 

Chairman of the Joint Chiefs of Staff and 

the Joint Staff, and DoD components not 

listed in the Appendix A to this part. 

(b) The Heads of the DoD Components 

listed in the Appendix A to this part 

shall: 

(1) Establish procedures for the 

processing of MDR requests and appeals 

for information originating within the 

Component. 

(2) Appoint an appellate authority to 

adjudicate MDR appeals for the 

Component. 

§ 222.5 MDR processing procedures. 

(a) General. (1) The DoD Components 

shall process MDR requests from the 

public for classified information 

originating within the DoD Component 

in accordance with title 32, Code of 

Federal Regulations (CFR), part 2001. 

(2) Information not subject to review 

for public release under the MDR 

includes: 

(i) Unclassified documents or 

previously classified documents that are 

declassified prior to the receipt of the 

MDR request. These documents must be 

requested under the provisions of the 

Freedom of Information Act (FOIA), 

section 552(b) of title 5, United States 

Code (U.S.C.) and 32 CFR part 286. 

(ii) Information reviewed for 

declassification within 2 years 

preceding the date of receipt of the MDR 

request. If this is the case, the requester 

shall be provided the documents as 

previously released and advised of the 

right to appeal to the DoD Component 

within 60 days unless the documents 

are already under appeal to the 

Interagency Security Classification 

Appeals Panel (ISCAP). 

(iii) Information exempted from 

search and review by sections 431 and 

432 of title 50, U.S.C. 

(iv) Documents originated by the 

incumbent President; the incumbent 

President’s White House Staff; 

committees, commissions, or boards 

appointed by the incumbent President; 

or other entities within the Executive 

Office of the President that solely advise 

and assist the incumbent President. 

(v) Information marked as Restricted 

Data, Formerly Restricted Data, or 

Transclassification of Foreign Nuclear 

Information. 

(vi) Information that is the subject of 

pending litigation. 

(vii) This section shall not apply to 

any request for a review made to an 

element of the Intelligence Community 

that is made by a person other than an 

individual as that term is defined by 5 

U.S.C. 552a(a)(2), or by a foreign 

government entity or any representative 

thereof. 

(b) MDR Requester Guidelines. 

Members of the public seeking the 

declassification of DoD documents 

under the provisions of section 3.5 of 

Executive Order 13526 shall: 

(1) Address the written request to the 

appropriate DoD Component listed in 

the Appendix A to this part. 

(2) Identify the requested document or 

information with sufficient specificity to 

enable the DoD Component to locate it 

with a reasonable amount of effort. 

Information that would provide the 

sufficient specificity would include a 

document identifier such as originator, 

date, title, and/or subject, the National 

Archives and Records Administration 

accession number, or other applicable 

unique document identifying number. 

Broad or topical MDR requests for 

records on a particular subject, such as 

‘‘any and all documents concerning’’ a 

subject do not meet this standard. 

(3) Include a correct return mailing 

address with the request. 

(4) Include a statement that the 

requester understands that the request 

may incur processing charges in 

accordance with paragraph (j) of this 

section. 

(c) Receipt and Control. Upon receipt 

of an MDR request, the DoD Component 

shall send the requester an 

acknowledgement and open a file in a 

formal control system. The 

acknowledgement shall include the 

tracking number and date of receipt of 

the request. 

(d) Simultaneous MDR and FOIA 

Requests. DoD Components should be 

aware of possible requests under both 

the MDR and the FOIA. In accordance 

with section 2001.33(f) of 32 CFR part 

2001, if a requester asks for the same 

information under the FOIA and the 

MDR, the DoD Component shall ask the 

requester to select only one process. If 

the requester does not select a process, 

then the DoD Component shall process 

the requested information under the 

FOIA. 

(e) MDR Document Review Process. 

(1) Requests normally will be processed 

on a first in first out basis by date of 

receipt. 

(2) Every effort shall be made to 

ensure that a response to an MDR 

request is provided to the requester 

within 1 year from the date of receipt. 

(3) The DoD Components shall 

conduct line-by-line reviews of 

documents responsive to an MDR 

request to determine if the information 

contained within the documents 

continues to adhere to the standards for 

classification according to Executive 

Order 13526. This line-by-line review 

must take into account the unique 

sensitivity of foreign government 

information (FGI) as outlined in 

paragraph (g) of this section. In 

accordance with section 3.6 (b) of 

Executive Order 13526, classified 

information originating with another 

U.S. Government agency contained in 

records of the DoD Components will be 

referred to the originating agency for a 

declassification and release 

determination. Likewise, classified 

information in a DoD Component’s 

records originating with another DoD 

Component will be referred to the 

originating Component. It is the 

responsibility of the DoD Component 

originally receiving the MDR request to 

manage these referrals and to 

incorporate the other agency’s or DoD 

Component’s determinations when 

preparing the final decision on the 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
59178 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

2Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/520001r.pdf. 

request. The review of each document 

will determine if the document: 

(i) No longer meets the standards for 

classification as established by 

Executive Order 13526 and current 

statutes, and is therefore declassified in 

full. 

(ii) Contains portions still meeting the 

standards for classification and is 

therefore declassified in part and denied 

in part. 

(iii) Still meets the standards for 

classification in its entirety and is 

therefore denied in full. 

(4) For documents meeting the criteria 

of paragraphs (e)(3)(i) and (ii) of this 

section, the DoD Components shall not 

release any unclassified information 

exempt from public release pursuant to 

Exemptions 2 through 9 of the FOIA. 32 

CFR part 286 provides a more detailed 

explanation of the FOIA exemptions. 

(5) When this process is complete, the 

DoD Components shall redact all 

information determined exempt from 

release as warranted under applicable 

law and authority. All of the remaining 

information within the documents, 

which is determined to be publicly 

releasable information, shall be 

provided promptly to the requester. 

(f) Public Access. In the interest of 

transparency, the DoD Components 

should take efforts to post documents 

released under the MDR program on 

DoD Component Web sites. 

(g) FGI If a requested document 

originated with a foreign government or 

organization and was classified by that 

government or organization, the DoD 

Component shall: 

(1) Conduct an MDR review of the 

document in accordance with DoD 

5200.1–R.2

(2) Process mandatory declassification 

review requests for classified records 

containing foreign government 

information in accordance with this 

section. The declassifying agency is the 

agency that initially received or 

classified the information. When foreign 

government information is being 

considered for declassification, the 

declassifying agency shall determine 

whether the information is subject to a 

treaty or international agreement that 

does not permit automatic or unilateral 

declassification. The declassifying 

agency or the Department of State may 

consult with the foreign government(s) 

prior to declassification. 

(h) Denial of Information. (1) When 

classified information is denied, the 

DoD Component shall advise the 

requester, in writing: 

(i) That information currently and 

properly classified has been denied 

(whether a document in its entirety or 

partially) in accordance with the 

appropriate sections of Executive Order 

13526. 

(ii) Of the right to appeal the denial 

to the DoD Component within 60 days 

of receipt of the denial. 

(iii) Of the mailing address for the 

appellate authority. 

(2) When unclassified information is 

withheld because it is determined 

exempt from release pursuant to 

Exemptions 2 through 9 of the FOIA 

(whether or not classified information 

was also withheld within the same 

document), the DoD Component shall 

advise the requester that: 

(i) Section 3.5(c) of Executive Order 

13526 allows for the denial of 

information when withholding it is 

authorized and warranted under 

applicable law. 

(ii) Unclassified information exempt 

from public release pursuant to one or 

more exemptions of the FOIA has been 

withheld. 

(3) For the denial of unclassified 

information, the requester shall not be 

given MDR appeal rights because the 

MDR applies only to the denial of 

classified information and because the 

request was not processed under the 

FOIA. 

(4) The DoD Component is not 

required to confirm or deny the 

existence or nonexistence of requested 

information whenever the fact of its 

existence or nonexistence is itself 

classified pursuant to Executive Order 

13526. 

(i) MDR Appeals. MDR appeals are for 

the denial of classified information 

only. DoD Components shall make an 

appellate decision within 60 working 

days of receipt of an MDR appeal. If 

additional time is required to make a 

determination, the appellate authority 

shall notify the requester of the 

additional time needed and provide the 

requester with the reason for the 

extension. When the appellate review is 

complete, the appellate authority shall 

notify the requester in writing of the 

final determination and of the reasons 

for any denial. If the appellate authority 

determines that some information 

remains classified under the provision 

of Executive Order 13526, the requester 

will be advised of the right to appeal the 

final decision to the ISCAP within 60 

days of the final component decision, in 

accordance with Appendix A of 32 CFR 

part 2001. 

Appendix A to Part 222—Addressing 

MDR Requests 

(a) General. The Department of Defense 

does not have a central repository for DoD 

records. MDR requests therefore should be 

addressed to the DoD Component that has 

custody of the requested record. If a requester 

is not sure which DoD Component has 

custody or if the DoD Component is not 

listed paragraph (b) of this Appendix, the 

MDR request should be directed to the 

Washington Headquarters Services address in 

paragraph (b)(1) of this Appendix. 

(b) DoD Component MDR Addresses. (1) 

OSD and the Office of the Chairman of the 

Joint Chiefs of Staff and the Joint Staff. 

Department of Defense, Washington 

Headquarters Services, Records And 

Declassification Division, 1155 Defense 

Pentagon, Washington, DC 20301–1155. 

EXCEPTION: DoD Inspector General. DoD 

Office of Inspector General, 400 Army Navy 

Drive, Arlington, VA 22202–4704. 

(2) Department of the Army. U.S. Army 

Declassification Activity, Attention: AHRC– 

RDD, 8850 Richmond Highway, Suite 300, 

Alexandria, VA 22309. 

(3) Department of the Navy. Department of 

the Navy, Chief of Naval Operations, DNS– 

34, 2000 Navy Pentagon, Washington, DC 

20350–2000. 

(4) Department of the Air Force. 

Department of the Air Force, HAF/IMIO 

(MDR), 1000 Air Force Pentagon, 

Washington, DC 20330–1000. 

(5) United States Marine Corps. 

Commandant of the Marine Corps, HQMC 

Code ARS, 2 Navy Annex, Room 1006, 

Washington, DC 20830–1775. 

(6) Defense Advanced Research Projects 

Agency. Defense Advanced Research Projects 

Agency, 3701 N. Fairfax Drive, Arlington, VA 

22203–1714. 

(7) Defense Contract Audit Agency. 

Director, Defense Contract Audit Agency, 

Attention: CPS, 8725 John J. Kingman Road, 

Suite 2135, Fort Belvoir, VA 22060–6219. 

(8) Defense Information Systems Agency. 

Defense Information Systems Agency, 

Attention: Security Division, MPS 6, 5111 

Leesburg Pike, Suite 100, Falls Church, VA 

22041. 

(9) Defense Intelligence Agency. Defense 

Intelligence Agency, Attention: DAN–1A 

(FOIA), Washington, DC 20340–5100. 

(10) Defense Logistics Agency. Defense 

Logistics Agency, Attention: DLA/DSS–S, 

8725 John J. Kingman Road, Suite 2533, Fort 

Belvoir, VA 22060–6221. 

(11) Defense Security Service. Defense 

Security Service, Office of FOIA & Privacy, 

1340 Braddock Place, Alexandria, VA 22314– 

1651. 

(12) Defense Threat Reduction Agency. 

Defense Threat Reduction Agency, Attention: 

SCR, 8725 John J. Kingman Road, Fort 

Belvoir, VA 22060–6201. 

(13) Missile Defense Agency. Missile 

Defense Agency, Attention: MDA/DS, 7100 

Defense Pentagon, Washington, DC 20301– 

7100. 

(14) National Geospatial-Intelligence 

Agency. National Geospatial-Intelligence 

Agency, Mail Stop D–10, 4600 Sangamore 

Road, Bethesda, MD 20816–5003. 

(15) National Reconnaissance Office. 

National Reconnaissance Office, NRO–DDA– 

MSO–ASG–IMSC–IART, 14675 Lee Road, 

Chantilly, VA 20151–1715. 

(16) National Security Agency/Central 

Security Service. National Security Agency, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59179 

Declassification Office, DJP5, 9800 Savage 

Road, Suite 6884, Fort George G. Meade, MD 

20755–6884. 

(17) U.S. Africa Command. U.S. Africa 

Command, Unit 29951, APO AE 09751–9951. 

(18) U.S. Central Command. U.S. Central 

Command, Attention: CCJ6–RDD, 7115 South 

Boundary Blvd., MacDill AFB, FL 33621– 

5101. 

(19) U.S. European Command. U.S. 

European Command, Attention: ECJ1–AX, 

Unit 30400, APO AE 09131. 

(20) U.S. Joint Forces Command. U.S. Joint 

Forces Command, Code J024, 1562 Mitscher 

Ave., Suite 200, Norfolk, VA 23511–2488. 

(21) U.S. Northern Command. U.S. 

Northern Command, HQ USNORTHCOM/ 

CSM, 250 Vandenberg Street, Suite B016, 

Peterson AFB, CO 80914–3804. 

(22) U.S. Pacific Command. U.S. Pacific 

Command, Attention: J151 FOIA, Box 64017, 

Camp Smith, HI 96861–4017. 

(23) U.S. Southern Command. U.S. 

Southern Command, Attention: SCJ1–A 

(FOIA), 3511 NW 91st Avenue, Miami, FL 

33172–1217. 

(24) U.S. Special Operations Command. 

U.S. Special Operations Command, 

Attention: SOCS–SJS–SI (FOIA), 7701 Tampa 

Point Blvd., MacDill AFB, FL 33621–5323. 

(25) U.S. Strategic Command. U.S. 

Strategic Command, Attention: CS50, 901 

SAC Blvd., STE 1C17, Offutt AFB, NE 68113– 

6000. 

(26) U.S. Transportation Command. U.S. 

Transportation Command, Chief, Resources 

Information, Communications, and Records 

Management, Attention: TCJ6–RII, 508 Scott 

Drive, Bldg. 1961, Scott AFB, IL 62225–5357. 

Dated: September 20, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–24094 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0657; FRL–9205–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; PSD Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

revisions to the Michigan State 

Implementation Plan (SIP) under the 

Federal Clean Air Act (CAA). The 

revisions serve to meet specific 

requirements of the prevention of 

significant deterioration (PSD) 

construction permit program in 

Michigan. Michigan has submitted two 

SIP revisions pertaining to the ‘‘net 

emission increase’’ definition and the 

‘‘reasonable possibility’’ recordkeeping 

and reporting requirements, and EPA 

has found the revisions acceptable. 

DATES: Comments must be received on 

or before October 27, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0657, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Air Permits 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: 

Pamela Blakley, Chief, Air Permits 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–4447, 

blakley.pamela@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

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, EPA will 

withdraw the final rule and will address 

all public comments 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: September 11, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–23983 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0484; FRL–9206–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Flexible 

Packaging Printing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland. This SIP revision includes 

amendments to Maryland’s regulation 

for Volatile Organic Compounds from 

Specific Processes, and meets the 

requirement to adopt Reasonably 

Available Control Technology (RACT) 

for sources covered by EPA’s Control 

Techniques Guidelines (CTG) for 

flexible packaging printing. These 

amendments will reduce emissions of 

volatile organic compound (VOC) 

emissions from flexible packaging 

printing. In the Final Rules section of 

this Federal 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 action, 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. 

DATES: Comments must be received in 

writing by October 27, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 


emcdonald on DSK2BSOYB1PROD with PROPOSALS