This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52625 

Vol. 77, No. 169 

Thursday, August 30, 2012 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1201 

Petition Requesting Rulemaking To 

Revise Test Procedures for Glazing 

Materials in Architectural Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Comment request. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (‘‘Commission’’ or 

‘‘we’’) has received a petition (CP12–3) 

requesting that the Commission initiate 

rulemaking to replace the testing 

procedures for glazing materials in 

certain architectural products set forth 

in our regulations, with those testing 

procedures contained in ANSI Z97.1, 

‘‘American National Standard for Safety 

Glazing Materials Used in Building— 

Safety Performance Specifications and 

Methods of Test.’’ We invite written 

comments concerning the petition. 

DATES: The Office of the Secretary must 

receive comments on the petition by 

October 29, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2012– 

0049, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (email), except through 

www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East-West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

petition number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: http:// 

www.regulations.gov. A copy of the 

petition is available at http:// 

www.regulations.gov, under Docket No. 

CPSC–2012–0049, Supporting and 

Related Materials. 

FOR FURTHER INFORMATION CONTACT: 

Rochelle Hammond, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East-West Highway, Bethesda, MD 

20814; telephone (301) 504–6833. 

SUPPLEMENTARY INFORMATION: The 

Commission has received a submission 

from William M. Hannay, Attorney at 

Law, Counsel for Safety Glazing 

Certification Council (‘‘petitioner’’), 

dated June 26, 2012, requesting that the 

Commission initiate a rulemaking to 

replace the current testing procedures 

for glazing materials codified at 16 CFR 

1201.4, with those contained in ANSI 

Z97.1, ‘‘American National Standard for 

Safety Glazing Materials Used in 

Building—Safety Performance 

Specifications and Methods of Test.’’ 

The Commission is docketing this 

request as a petition under the 

Consumer Product Safety Act (CPSA). 

15 U.S.C. 2056 and 2058. The current 

standard for architectural glazing 

materials applies to glazing materials 

used or intended to be used in the 

architectural products subject to the 

standard, i.e., storm doors or 

combination doors, doors, bathtub doors 

and enclosures, shower doors and 

enclosures and sliding glass doors. The 

testing procedures set forth in Section 

1201.4 require impact tests and 

accelerated environment durability tests 

which are intended to determine if 

glazing materials used in these 

architectural products meet safety 

requirements designed to reduce or 

eliminate unreasonable risks of death or 

serious injury to consumers when 

glazing material is broken by human 

contact. The testing procedures further 

describe the testing equipment and 

apparatus required to be used, and the 

test result interpretation methodology to 

be employed in determining if the 

glazing materials being tested meet the 

safety requirements of the standard. 

Petitioner asserts that consumers and 

the glazing industry would be better 

served by replacing the test procedures 

for glazing materials used in the abovereferenced architectural products in 16 

CFR 1201.4 with ANSI Z97.1’s 

purportedly more efficient and more 

modern procedures. Petitioner notes 

that the testing procedures set forth in 

Section 1201.4 were promulgated in 

1977 and have not been updated or 

clarified since their original adoption by 

the Commission. Petitioner points out 

that the ANSI standard for glazing 

materials has been updated periodically 

(in 1984, 1994, 2004 and 2009) since the 

mandatory standard was promulgated, 

and that these updates include 

modifications in testing equipment and 

procedures that provide better 

protection for consumers. 

Petitioner asserts that the absence of 

updates to the mandatory standard 

during a period in which the ANSI 

standard was revised four times has 

resulted in different testing methods 

and qualifying procedures that has 

created confusion in the industry 

regarding which test methodology must 

be used in what circumstance. 

Petitioner claims that the existence of 

overlapping but divergent mandatory 

and voluntary standards has created 

confusion for manufacturers in 

determining which standard applies, 

and resulted in manufacturers being 

required to pay for dual qualification 

testing, because different specifying 

agencies reference one or both 

standards. Petitioner also includes the 

proposed language that would replace 

the current Section 1201.4, directing 

manufacturers and private labelers of 

glazing material to test and certify the 

compliance of their products to the 

current ANSI standard. 

By this notice, we seek comments 

concerning this petition. Interested 

parties may obtain a copy of the petition 

by writing or calling the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

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52626 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 

East-West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. A 

copy of the petition is also available at 

http://www.regulations.gov, under 

Docket No. CPSC–2012–0049, 

Supporting and Related Materials. 

Dated: August 24, 2012. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–21364 Filed 8–29–12; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2012–0504; 

FRL–9723–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York, New Jersey, and Connecticut; 

Determination of Attainment of the 

2006 Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the New York-N. New Jersey-Long 

Island, NY-NJ-CT fine particle (PM2.5) 

nonattainment area has attained the 

2006 24-hour fine particle National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data that shows the area has 

monitored attainment of the 2006 24- 

hour PM2.5 NAAQS for the 2007–2009 

and 2008–2010 monitoring periods and 

continues to show attainment through 

2011. If this proposed determination is 

made final, the requirements for this 

area to submit an attainment 

demonstration, reasonably available 

control measures, reasonable further 

progress plan, and contingency 

measures related to attainment of the 

2006 24-hour PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. 

DATES: Comments must be received on 

or before October 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2012–0504, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov 

• Fax: 212–637–3901 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2012– 

0504. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposed action related to New York or 

New Jersey, please contact Gavin Lau, 

Air Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, telephone number (212) 637– 

3708, fax number (212) 637–3901, email 

lau.gavin@epa.gov. 

If you have questions concerning 

today’s proposed action related to 

Connecticut, please contact Alison C. 

Simcox, Air Quality Planning Unit, 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, Mail Code 

OEP05–02, Boston, MA 02109–3912, 

telephone number (617) 918–1684, fax 

number (617) 918–0684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

detailed information regarding this 

proposal, EPA prepared a Technical 

Support Document (TSD). The TSD can 

be viewed at http:// 

www.regulations.gov. 

The following table of contents 

describes the format of this notice: 

I. What action is EPA proposing? 

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. How did EPA address missing data? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

EPA is proposing to determine that 

the New York-N. New Jersey-Long 

Island, NY-NJ-CT PM2.5 nonattainment 

area, referred to from this point forward 

as the NY-NJ-CT PM2.5 nonattainment 

area, has attained the 2006 24-hour 

PM2.5 NAAQS. This proposed 

determination is based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

that show that the area has monitored 

attainment of the 2006 24-hour PM2.5

NAAQS for the 2007–2009 and 2008– 

2010 monitoring periods and continues 

to attain through 2011. The New York 

portion of the NY-NJ-CT PM2.5

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