Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules 61291 

hazardous for the employment of 

children below the age of sixteen, 

except where such employee is 

employed by his parent or by a person 

standing in place of his parent on a farm 

owned or operated by such parent or 

person.’’ It is important to note that the 

amendment created a minimum age of 

16 for the permissible performance of 

hazardous work in agricultural 

occupations, although 18 remained the 

minimum age for the performance of 

hazardous work in nonagricultural 

employment. This statutory difference 

remains to this day. The Department 

published a final rule implementing 

FLSA § 213(c) in the Federal Register 

on January 7, 1970 (35 FR 221), which 

became effective on February 6, 1970. 

The Ag H.O.s established by that final 

rule have never been revised and are 

identical to the current Ag H.O.s now 

contained in 29 CFR 570.71. 

The Department proposes to not only 

accept all of the agricultural hazardous 

occupations order recommendations 

made by the National Institute for 

Occupational Safety and Health but to 

expand several of them. The NPRM 

proposes to eliminate two exemptions 

that currently allow 14- and 15-year-old 

hired farm workers to operate tractors 

and certain other farm equipment after 

receiving limited training and the 

successful completion of a practical 

examination. The proposal would also 

strengthen a student-learner exemption 

for 14- and 15-year-old hired farm 

workers by modeling it after the same 

exemption that is available to 16- and 

17-year-old youths employed in 

nonagricultural work places. 

The Department’s proposals apply 

only to young hired farm workers and 

in no way change the statutory parental 

exemptions applicable to children of 

any age who are employed on a farm 

owned or operated by their parent. 

C. The Assessment of Child Labor Civil 

Money Penalties (29 CFR Part 579) 

The Department proposes to revise 29 

CFR part 579 to provide additional 

transparency to its child labor civil 

money penalty assessment process by 

incorporating the primary provisions of 

Wage and Hour Division Field 

Assistance Bulletin 2010–1 (available at 

http://www.dol.gov/whd/FieldBulletins/ 

fab2010_1.pdf). The Department 

believes this proposal will increase the 

public’s understanding of the child 

labor civil money penalty assessment 

process while preserving national 

consistency in its administration. 

Authority and Signature 

This document was prepared under 

the direction of Nancy J. Leppink, 

Deputy Administrator for the Wage and 

Hour Division, U. S. Department of 

Labor, pursuant to sections 3 and 13 of 

the Fair Labor Standards Act (29 U.S.C. 

203, 213). 

Signed at Washington, DC, this 28th day of 

September 2011. 

Nancy J. Leppink, 

Deputy Administrator, Wage and Hour 

Division. 

[FR Doc. 2011–25472 Filed 10–3–11; 8:45 am] 

BILLING CODE 4510–27–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0556; FRL–9473–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Ohio; Determination of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Steubenville-Weirton Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the two-state 

Steubenville-Weirton, nonattainment 

area for the 2006 24-hour fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standard (NAAQS) 

has clean data for the 2006 24-hour 

PM2.5 NAAQS. This proposed 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this area has monitored attainment 

of the 2006 PM2.5 NAAQS based on the 

2008–2010 data available in EPA’s Air 

Quality System (AQS) database. If this 

proposed determination is made final, 

the requirements for the SteubenvilleWeirton area to submit an attainment 

demonstration, associated reasonably 

available control measures (RACM), a 

reasonable further progress plan (RFP), 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard shall be suspended for so long 

as the area continues to meet the 2006 

24-hour PM2.5 NAAQS. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before November 3, 2011. 

ADDRESSES: Submit your comments 

regarding the two-state SteubenvilleWeirton area, identified by Docket ID 

Number EPA–R03–OAR–2011–0556 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–2011–0556, 

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– 

0556. 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 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
61292 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules 

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. 

FOR FURTHER INFORMATION CONTACT: In 

Region III, Asrah Khadr, Office of Air 

Program Planning, Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2023. The telephone number is (215) 

814–2071. Ms. Khadr can also be 

reached via electronic mail at 

khadr.asrah@epa.gov. In Region V, 

Carolyn Persoon, Air Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region V, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604–3507. Ms. Persoon’s telephone 

number is (312) 353–8290. Ms. Persoon 

can also be reached via electronic mail 

at persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is the background for this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. What’s EPA’s proposed action? 

VI. What are the statutory and Executive 

Order reviews? 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Steubenville-Weirton PM2.5

nonattainment area has clean data for 

the 2006 24-hour PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this area has monitored attainment 

of the 2006 PM2.5 NAAQS based on the 

2008–2010 data in EPA’s AQS database. 

II. What is the effect of this action? 

If this determination is made final, 

under the provisions of EPA’s PM2.5

implementation rule (see 40 CFR section 

51.1004(c)), the requirements for the 

Steubenville-Weirton nonattainment 

area to submit an attainment 

demonstration, associated RACM, a RFP 

plan, contingency measures, and any 

other planning SIPs related to 

attainment of the 2006 PM2.5 NAAQS 

would be suspended for so long as the 

area continues to meet the 2006 24-hour 

PM2.5 NAAQS. Furthermore, as 

described below, a final clean data 

determination would not be equivalent 

to the redesignation of this area to 

attainment of the 2006 24-hour PM2.5

NAAQS. 

If EPA subsequently determines that 

this area is in violation of the 2006 24- 

hour PM2.5 NAAQS, the basis for the 

suspension of the specific requirements, 

set forth at 40 CFR section 51.1004(c), 

would no longer exist and this area 

would thereafter have to address the 

pertinent requirements. 

This clean data determination that 

EPA proposes with this Federal Register 

notice, that the air quality data shows 

attainment of the 2006 24-hour PM2.5

NAAQS, is not equivalent to the 

redesignation of this area to attainment. 

This proposed action, if finalized, will 

not constitute a redesignation to 

attainment under section 107(d)(3) of 

the CAA, because we would not yet 

have an approved maintenance plan for 

this area as required under section 175A 

of the CAA, nor a determination that 

this area has met the other requirements 

for redesignation. The designation status 

of this area would remain 

nonattainment for the 2006 PM2.5

NAAQS until such time as EPA 

determines that this area meets the CAA 

requirements for redesignation to 

attainment. 

III. What is the background for this 

action? 

The 2006 PM2.5 NAAQS set forth at 40 

CFR 50.13 became effective on 

December 18, 2006 (71 FR 61144) and 

promulgated a 24-hour standard of 35 

micrograms per cubic meter (mg/m3) 

based on a 3-year average of the 98th 

percentile of 24-hour concentration. On 

December 14, 2009 (74 FR 58688), EPA 

made designation determinations, as 

required by CAA section 107(d)(1), for 

the 2006 24-hour PM2.5 NAAQS. The 

Steubenville-Weirton area is designated 

as nonattainment for the 2006 24-hour 

PM2.5 NAAQS. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the ambient air 

monitoring data, consistent with the 

requirements contained in 40 CFR part 

50 and recorded in EPA’s AQS database 

for the Steubenville-Weirton PM2.5

nonattainment area from 2008 through 

the present time. On the basis of that 

review, EPA has concluded that this 

area meets the 2006 24-hour PM2.5

NAAQS based on the 2008–2010 data 

available in EPA’s AQS database. 

Under EPA regulations in 40 CFR part 

50, section 50.13 and in accordance 

with Appendix N, the 24-hour primary 

and secondary PM2.5 standards are met 

when the 98th percentile 24-hour 

concentration is less than or equal to 35 

mg/m3. Table 1 shows the design values 

for the 2006 24-hour PM2.5 NAAQS for 

the years 2008–2010. EPA’s review of 

the data indicates that the SteubenvilleWeirton PM2.5 nonattainment area meets 

the 2006 PM2.5 NAAQS. 

TABLE 1—2008–2010 DAILY AVERAGE CONCENTRATIONS IN THE STEUBENVILLE-WEIRTON AREA 1

State County Site No. Design value 

(μg/m3) 

Ohio .............................................................................. Jefferson ....................................................................... 390810017 30.0 

Ohio .............................................................................. Jefferson ....................................................................... 390811001 28.0 

West Virginia ................................................................ Brooke .......................................................................... 540090005 31.0 

West Virginia ................................................................ Brooke .......................................................................... 540090011 31.0 

West Virginia ................................................................ Hancock ........................................................................ 540291004 31.0 

1The publicly available PM2.5 AQS data and information is available as part of EPA’s AirTrends Site at: http://www.epa.gov/airtrends/ 

values.html. 

V. What’s EPA’s proposed action? 

EPA is proposing to determine that 

the Steubenville-Weirton nonattainment 

area has clean data for the 2006 24-hour 

PM2.5 NAAQS. As provided in 40 CFR 

section 51.1004(c), if EPA finalizes this 

determination, it will suspend the 

requirements for this area to submit an 

attainment demonstration, associated 

RACM, a RFP, contingency measures, 

and any other planning SIPs related to 

the attainment of the 2006 PM2.5

NAAQS, so long as this area continues 

to meet the standard. EPA is soliciting 

public comments on the issues 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules 61293 

discussed in this document. These 

comments will be considered before 

taking final action. 

VI. What are the 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 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rulemaking 

that the Steubenville-Weirton PM2.5

nonattainment area has clean data for 

the 2006 24-hour PM2.5 standard 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, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: August 8, 2011. 

C. Early, 

Acting Regional Administrator, Region III. 

Dated: September 6, 2011. 

Susan Hedman, 

Regional Administrator, Region V. 

[FR Doc. 2011–25111 Filed 10–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0512; FRL–9474–8] 

RIN 2060–AR09 

Extension of Public Comment Period: 

Mandatory Reporting of Greenhouse 

Gases: Technical Revisions to the 

Electronics Manufacturing and the 

Petroleum and Natural Gas Systems 

Categories of the Greenhouse Gas 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On September 9, 2011, EPA 

published a proposed action, Mandatory 

Reporting of Greenhouse Gases: 

Technical Revisions to the Electronics 

Manufacturing and the Petroleum and 

Natural Gas Systems Categories of the 

Greenhouse Gas Reporting Rule. In this 

action, EPA is extending the comment 

period for that action until October 24, 

2011. 

DATES: Comments must be received on 

or before October 24, 2011. 

ADDRESSES: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2011–0512 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: GHG_Reporting_Rule_Oil

_And_Natural_Gas@epa.gov. Include 

Docket ID No. EPA–HQ–OAR–2011– 

0512 in the subject line of the message. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mail Code 28221T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0512, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, Attention Docket 

ID No. EPA–HQ–OAR–2011–0512, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. 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–OAR–2011– 

0512, Mandatory Reporting of 

Greenhouse Gases: Petroleum and 

Natural Gas Systems. 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 for viewing at 

the EPA Docket Center. Publicly 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1