12168 Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 

standard promulgated under subsection 

(b) [of section 104].’’ Section 104(c)(2)(D) 

of the CPSIA provides, in relevant part, 

that section 104(c) of the CPSIA applies 

to any person who ‘‘owns or operates a 

public accommodation affecting 

commerce (as defined in section 4 of the 

Federal Fire Prevention and Control Act 

of 1974 (FFPCA) (15 U.S.C. 2203)’’ 

(emphasis added). Section 4 of the 

FFPCA defines a place of public 

accommodation as ‘‘any inn, hotel, or 

other establishment not owned by the 

Federal Government that provides 

lodging to transient guests, except that 

such term does not include an 

establishment treated as an apartment 

building for purposes of any State or 

local law or regulation or an 

establishment located within a building 

that contains not more than 5 rooms for 

rent or hire and that is actually 

occupied as a residence by the 

proprietor of such establishment’’ 

(emphases added). 15 U.S.C. 2203(7). 

The FFPCA contains the same exclusion 

from public accommodation as do the 

ADA and CRA; in other words, all three 

statutes exclude an establishment 

located within a building that contains 

not more than five rooms for rent or hire 

and that is actually occupied as a 

residence by the proprietor of such 

establishment. The FFPCA, like the VGB 

Act, is a statute intended to promote 

public safety. Further, the FFPCA’s 

definition is used in the CPSIA, a statute 

which is administered by the CPSC. 

Parties familiar with the CPSC may 

already be familiar with the definition 

of ‘‘public accommodation’’ as used in 

the CPSIA. Thus, the Commission 

believes it is appropriate to enforce the 

same interpretation of the phrase 

‘‘public accommodation’’ in the VGB Act 

as used in the CPSIA, especially given 

the similar public safety goals of the 

statutes. 

List of Subjects in 16 CFR Part 1450 

Consumer protection, Infants and 

children, Law enforcement. 

C. Conclusion 

For the reasons stated above, the 

Commission proposes to amend chapter 

II of title 16 of the Code of Federal 

Regulations by adding a new part 1450 

to read as follows: 

PART 1450—VIRGINIA GRAEME 

BAKER POOL AND SPA SAFETY ACT 

REGULATIONS 

Sec. 

1450.1 Scope. 

1450.2 Definitions. 

Authority: 15 U.S.C. 2051–2089, 86 Stat. 

1207; 15 U.S.C. 8001–8008, 121 Stat. 1794 

§ 1450.1 Scope. 

This part pertains to the Virginia 

Graeme Baker Pool and Spa Safety Act, 

(‘‘Act’’), 15 U.S.C. 8001 et seq., which is 

designed to prevent child drowning, 

drain entrapments and eviscerations in 

pools and spas. 

§ 1450.2 Definitions. 

(a) Public accommodations facility 

means an inn, hotel, motel, or other 

place of lodging, except for an 

establishment located within a building 

that contains not more than five rooms 

for rent or hire and that is actually 

occupied by the proprietor of such 

establishment as the residence of such 

proprietor. 

(b) [Reserved.] 

Dated: March 4, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–5130 Filed 3–12–10; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0039; FRL–9127–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of Nitrogen Oxide 

Emissions From Industrial Boilers and 

Process Heaters at Petroleum 

Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. The revision adds a new 

section, Section 2—Control of Nitrogen 

Oxide Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries to Delaware’s Regulation No. 

1142/SIP Regulation No. 42— Specific 

Emission Control Requirements for 

controlling nitrogen oxide (NOX) 

emissions from industrial boilers. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before April 14, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0039 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–2010–0039, 

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– 

0039. 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 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Proposed Rules 12169 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: 

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

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 17, 2009, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP for an 

amendment to Regulation No. 1142/SIP 

Regulation No. 42—Specific Emission 

Control Requirements. This SIP revision 

added a new section, Section 2—Control 

of Nitrogen Oxide Emissions from 

Industrial Boilers and Process Heaters at 

Petroleum Refineries. The regulation 

was adopted in order to require new 

and/or additional controls on industrial 

boilers and process heaters with heat 

input capacities of equal to or greater 

than 200 million British thermal units 

per hour (mmBTU/hr) at petroleum 

refining facilities and to help Delaware 

attain and maintain the national 

ambient air quality standards (NAAQS) 

for the 1997 8-hour ozone standard by 

2010. 

II. Summary of SIP Revision 

Regulation No.1142/SIP Regulation 

No. 42 establishes applicability and 

compliance dates to any industrial 

boiler or process heater with a 

maximum heat input capacity of equal 

to or greater than 200 mmBTU/hr, 

which is operated or permitted to 

operate within a petroleum refinery 

facility (except for any Fluid Catalytic 

Cracking Unit carbon monoxide (CO) 

boiler). Regulation No.1142/SIP 

Regulation No. 42 establishes NOX

emission limitations for any industrial 

boiler or process heater with a 

maximum heat input capacity of equal 

to or greater than 200 mmBTU/hr, 

which is operated or permitted to 

operate within a petroleum refinery 

facility. The regulation also requires 

compliance with monitoring, 

recordkeeping, and reporting 

requirements. 

III. Proposed Action 

EPA is proposing to approve the 

amendment to Delaware’s SIP revision 

Regulation No. 1142/SIP Regulation No. 

42—Specific Emission Control 

Requirements submitted on November 

17, 2009. This regulation will help to 

reduce NOX emissions from Delaware’s 

large industrial boilers and process 

heaters that are located at petroleum 

refineries and help Delaware attain and 

maintain the NAAQS for the 1997 8- 

hour ozone standard by 2010. 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 

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 Delaware’s amendment to 

add a new section, Section 2—Control 

of Nitrogen Oxide Emissions from 

Industrial Boilers and Process Heaters at 

Petroleum Refineries to Regulation No. 

1142/SIP Regulation No. 42—Specific 

Emission Control Requirements, 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, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: February 25, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–5583 Filed 3–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100210083–0085–01] 

RIN 0648–AY67 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Commercial King and Spanish 

Mackerel Fisheries of the Gulf of 

Mexico; Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advanced notice of proposed 

rulemaking; request for comments. 

SUMMARY: This notice announces that 

the Gulf of Mexico Fishery Management 

Council (Council) is considering 

additional management measures to 

further limit the number of participants 

or levels of participation in the 

commercial king and Spanish mackerel 

components of the coastal migratory 

pelagic fishery operating in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico. If such management 


emcdonald on DSK2BSOYB1PROD with PROPOSALS