34964 Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

The basis for this determination is that 

our decision is on a State regulatory 

program and does not involve Federal 

regulations involving Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This analysis is 

based on the nature of the proposed 

amendment which does not impose 

requirements on small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, geographic 

regions, or Federal, State or local 

governmental agencies; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon an analysis 

of the proposed amendment which does 

not impose new requirements on the 

regulated industry. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on state, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the state submitted the 

amendment on its own initiative. 

List of Subjects in 30 CFR Part 938 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 23, 2010. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on June 16, 2010. 

[FR Doc. 2010–14869 Filed 6–18–10; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0319; FRL–9164–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Amendment to 

Consumer Products and Architectural 

and Industrial Maintenance Coatings 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania 

concerning amendments to the 

Pennsylvania Consumer Products and 

Architectural and Industrial 

Maintenance Coatings Regulations. The 

revision amends 25 Pa. Code Chapter 

130, Subchapters B and C (relating to 

consumer products and architectural 

and industrial maintenance (AIM) 

coatings) in order to reduce volatile 

organic compounds (VOCs). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before July 21, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0319 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–2010–0319, 

Cristina Fernandez, 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–2010– 

0319. 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 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules 34965 

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 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. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 11, 2009, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision to its SIP 

for amendments to 25 Pa. Code Chapter 

130, Subchapters B and C (relating to 

consumer products and AIM coatings). 

This SIP revision amends 25 Pa. Code 

Chapter 130, Subchapters B by adding 

VOC content limits for an additional 11 

categories of consumer products and 

revising the VOC content limits for one 

category of consumer products currently 

regulated. The revision also adds 

definitions for approximately 30 new 

terms, including those that relate to the 

newly regulated product categories and 

amends definitions for approximately 

75 existing terms in order to provide 

clarity. Additionally, the term ‘‘VOC— 

volatile organic compound’’ is added to 

Subchapter B. 

The SIP revision changes the 

definition of the term ‘‘VOC—volatile 

organic compound’’ in Subchapter C 

(relating to AIM coatings) to mirror the 

definition of the term in 25 Pa. Code 

Chapter 121 (relating to definitions). 

This revision will make the most 

currently VOC exempt compounds 

available as tools to reduce ozone 

formation. 

The standards and requirements 

contained in Pennsylvania’s consumer 

products rule are consistent with the 

Ozone Transport Commission (OTC) 

model rule. The OTC consumer 

products model rule was based on the 

existing rules developed by the 

California Air Resources Board, which 

were analyzed and modified by the OTC 

workgroup to address VOC reduction 

needs in the Ozone Transport Region 

(OTR). Implementing this rule will 

result in SIP emission reductions in 

VOC to support the attainment 

demonstrations, and reductions in 

ground-level ozone in other areas of the 

OTR. 

II. Summary of SIP Revision 

This SIP revision consists of the 

following amendments: 

1. Adds and/or amends definitions, 

terms, and sections in 25 Pa. Code 

Chapter 130, Subchapters B and C for 

clarity, style, format, and consistency 

with the OTC Model Rule and Federal 

definitions. 

2. Adds and/or amends sections in 25 

Pa. Code Chapter 130, Subchapter B in 

order to incorporate future changes in 

test procedures, delete an unnecessary 

reference to a California regulatory 

provision, delete and move definitions 

and terms, allow for the sell-through of 

product manufactured prior to 

applicable effective dates, update the 

product dating, establish the lowest 

applicable VOC limit requirements, 

require additional information on 

product containers, and establish 

requirements for a variance or 

alternative control plan (ACP). 

3. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, applicability 

to any person who sells, supplies, offers 

for sale, or manufactures consumer 

products on and after applicable 

compliance dates. 

4. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, the 

percentage of VOC by weight that 

cannot be exceeded for consumer 

products that are sold, supplied, offered 

for sale or manufactured for sale in the 

Commonwealth of Pennsylvania, and 

lists exemptions from the VOC limits. 

The rule also contains requirements for 

the following: (1) Products registered 

under FIFRA, (2) products requiring 

dilution, (3) sell-through of products, (4) 

aerosols adhesives, (5) charcoal lighter 

materials, and (6) floor wax strippers. 

5. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, exemptions 

for the following: (1) Products for 

shipment and use outside the 

Commonwealth, (2) antiperspirants and 

deodorants, (3) products registered 

under FIFRA, (4) air fresheners, (5) 

adhesives, (6) bait station insecticides, 

and (7) fragrances. 

6. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, applicability 

for ACPs for consumer products and 

criteria for innovative products 

exemption and requirements for waiver 

requests. The rule also contains grounds 

for requesting a variance, as well as 

applicability for ACPs for consumer 

products. ACPs for consumer products 

are provided by allowing responsible 

parties the option to voluntarily enter 

into separate ACP agreements for the 

consumer products mentioned above. In 

addition, the rule contains the following 

administrative requirements: (1) Product 

dating, (2) most restrictive limit, (3) 

labeling, and (4) recordkeeping and 

reporting, as well as test methods for 

demonstrating compliance. 

7. Establishes under 25 Pa. Code 

Chapter 130, Subchapter C, the meaning 

of ‘‘VOC—volatile organic compound,’’ 

unless the context clearly indicates 

otherwise. 

Further details of the Commonwealth 

of Pennsylvania’s regulation revisions 

can be found in a Technical Support 

Document prepared for this proposed 

rulemaking action. 

III. Proposed Action 

EPA has determined that the revisions 

made to 25 Pa. Code Chapter 130, 

Subchapters B and C meet the SIP 

revision requirements of the CAA and is 

proposing to approve the amendments 

to Pennsylvania’s Consumer Products 

and AIM Coatings Regulations. This 

revision will result in the reduction of 

VOC emissions in the Commonwealth of 

Pennsylvania. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. 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 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS
34966 Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules 

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, 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 rule, 

pertaining to Pennsylvania’s 

amendment to 25 Pa. Code Chapter 130, 

Subchapters B and C (relating to 

Pennsylvania’s Consumer Products and 

AIM Coatings Regulations), 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14777 Filed 6–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No. NHTSA–2010–0017] 

RIN 2127–AK69 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend appendices to NHTSA 

regulations on Insurer Reporting 

Requirements. The appendices list those 

passenger motor vehicle insurers that 

are required to file reports on their 

motor vehicle theft loss experiences. An 

insurer included in any of these 

appendices would be required to file 

three copies of its report for the 2007 

calendar year before October 25, 2010. 

If the passenger motor vehicle insurers 

remain listed, they must submit reports 

by each subsequent October 25. We are 

proposing to add and remove several 

insurers from relevant appendices. 

DATES: Comments must be submitted 

not later than August 20, 2010. Insurers 

listed in the appendices are required to 

submit reports on or before October 25, 

2010. 

ADDRESSES: You may submit comments, 

identified by DOT Docket No. NHTSA– 

2010–0017 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the street 

address listed above. The Internet access 

to the docket will be at http:// 

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, by 

electronic mail to 

Carlita.Ballard@dot.gov. Ms. Ballard’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 33112, Insurer 

reports and information, NHTSA 

requires certain passenger motor vehicle 

insurers to file an annual report with the 

agency. Each insurer’s report includes 

information about thefts and recoveries 

of motor vehicles, the rating rules used 

by the insurer to establish premiums for 

comprehensive coverage, the actions 

taken by the insurer to reduce such 

premiums, and the actions taken by the 

insurer to reduce or deter theft. Under 

the agency’s regulation, 49 CFR Part 

544, the following insurers are subject to 

the reporting requirements: 

(1) Issuers of motor vehicle insurance 

policies whose total premiums account 

for 1 percent or more of the total 

premiums of motor vehicle insurance 

issued within the United States; 

(2) Issuers of motor vehicle insurance 

policies whose premiums account for 10 

percent or more of total premiums 

written within any one State; and 

(3) Rental and leasing companies with 

a fleet of 20 or more vehicles not 

covered by theft insurance policies 

issued by insurers of motor vehicles, 

other than any governmental entity. 

Pursuant to its statutory exemption 

authority, the agency exempted certain 

passenger motor vehicle insurers from 

the reporting requirements. 

A. Small Insurers of Passenger Motor 

Vehicles 

Section 33112(f)(2) provides that the 

agency shall exempt small insurers of 


sroberts on DSKD5P82C1PROD with PROPOSALS