75844 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 

Regulatory Flexibility Act 

Certification’’) of this notice, the Agency 

determined that this NPRM would not 

impose additional costs on any privatesector or public-sector entity. 

Accordingly, this NPRM requires no 

additional expenditures by either public 

or private employers. 

As noted above under Section IV.E 

(‘‘State Plan States’’) of this notice, the 

Agency’s standards do not apply to 

State and local governments except in 

States that have elected voluntarily to 

adopt a State Plan approved by the 

Agency. Consequently, this NPRM 

would not meet the definition of a 

‘‘Federal intergovernmental mandate’’ 

(See Section 421(5) of the UMRA 

(2 U.S.C. 658(5))). Therefore, for the 

purposes of the UMRA, the Agency 

certifies that this NPRM does not 

mandate that State, local, or tribal 

governments adopt new, unfunded 

regulatory obligations, or increase 

expenditures by the private sector of 

more than $100 million in any year. 

G. Public Participation 

OSHA requests comments on all 

issues concerning this NPRM. The 

Agency also welcomes comments on its 

determination that this NPRM would 

have no negative economic or other 

regulatory impacts on employers, and 

will increase employee protection. If 

OSHA receives no significant adverse 

comment, it will publish a Federal 

Register document confirming the 

effective date of the companion DFR 

and withdrawing this NPRM. Such 

confirmation may include minor 

stylistic or technical corrections to the 

document. For a full discussion of what 

constitutes a significant adverse 

comment, see Section II (‘‘Direct Final 

Rulemaking’’) of this notice. 

The Agency will withdraw the DFR if 

it receives significant adverse comment 

on the amendments contained in it, and 

proceed with this NPRM by addressing 

the comment(s) and publishing a new 

final rule. The comment period for this 

NPRM runs concurrently with that of 

the DFR. Therefore, OSHA will treat any 

comments received under this NPRM as 

comments regarding the DFR. Similarly, 

OSHA will consider a significant 

adverse comment submitted to the DFR 

as a comment to this NPRM; the Agency 

will consider such a comment in 

developing a subsequent final rule. 

OSHA will post comments received 

without revision to http:// 

www.regulations.gov, including any 

personal information provided. 

Accordingly, OSHA cautions 

commenters about submitting personal 

information such as Social Security 

numbers and birth dates. 

List of Subjects in 29 CFR Part 1910 

Acetylene, General industry, 

Occupational safety and health, Safety. 

V. Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

authorized the preparation of this 

notice. The Agency is issuing this notice 

under Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657), Secretary 

of Labor’s Order 4–2010 (75 FR 55355), 

and 29 CFR part 1911. 

Signed at Washington, DC, on November 

22, 2011. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to the Standard 

For the reasons discussed in the 

preamble, the Occupational Safety and 

Health Administration is proposing to 

amend 29 CFR part 1910 as set forth 

below: 

PART 1910—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS 

Subpart A—[Amended] 

1. The authority citation for subpart A 

continues to read as follows: 

Authority: Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Order No. 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 

31159), and 4–2010 (75 FR 55355), as 

applicable. 

Sections 1910.6, 1910.7, 1910.8 and 1910.9 

also issued under 29 CFR part 1911. Section 

1910.7(f) also issued under 31 U.S.C. 9701, 

29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106–113 

(113 Stat. 1501A–222); Pub. L. 111–8 and 

111–317; and OMB Circular A–25 (dated July 

8, 1993) (58 FR 38142, July 15, 1993). 

2. Amend § 1910.6 by revising 

paragraph (k)(3) to read as follows: 

§ 1910.6 Incorporation by reference. 

* * * * * 

(k) * * * 

* * * * * 

(3) CGA G–1–2009 Acetylene, IBR 

approved for § 1910.102(a). Copies of 

CGA Pamphlet G–1, Twelfth Edition, 

are available for purchase from the: 

Compressed Gas Association, Inc., 4221 

Walney Road, 5th Floor, Chantilly, VA 

20151; telephone: (703) 788–2700; fax: 

(703) 961–1831; email: cga@cganet.com. 

* * * * * 

Subpart H—[Amended] 

3. Revise the authority citation for 

subpart H to read as follows: 

Authority: 29 U.S.C. 653, 655, 657; 

Secretary of Labor’s Orders Nos. 12–71(36 FR 

8754), 8–76 (41 FR 25059), 9–83 (48 FR 

35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 

3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 

5–2007 (72 FR 31159), or 4–2010 (75 FR 

55355), as applicable; and 29 CFR part 11. 

Sections 1910.103, 1910.106 through 

1910.111, and 1910.119, 1910.120, and 

1910.122 through 1910.126 also issued under 

29 CFR part 1911. 

Section 1910.119 also issued under Section 

304, Clean Air Act Amendments of 1990 

(Pub. L. 101–549), reprinted at 29 U.S.C. 655 

Note. 

Section 1910.120 also issued under 29 

U.S.C. 655 Note, and 5 U.S.C. 553. 

4. Amend § 1910.102 by revising 

paragraph (a) to read as follows: 

§ 1910.102 Acetylene. 

(a) Cylinders. Employers must ensure 

that the in-plant transfer, handling, 

storage, and use of acetylene in 

cylinders comply with the provisions of 

CGA Pamphlet G–1–2009 (‘‘Acetylene’’) 

(incorporated by reference, see 

§ 1910.6). 

* * * * * 

[FR Doc. 2011–30654 Filed 12–2–11; 8:45 am] 

BILLING CODE 4510–26–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1190 

[Docket No. ATBCB 2011–04] 

RIN 3014–AA26 

Accessibility Guidelines for Pedestrian 

Facilities in the Public Right-of-Way; 

Reopening of Comment Period 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) is reopening until 

February 2, 2012, the comment period 

for the notice entitled ‘‘Accessibility 

Guidelines for Pedestrian Facilities in 

the Public Right-of-Way,’’ that appeared 

in the Federal Register on July 26, 2011. 

In that notice, the Access Board 

proposed guidelines for accessible 

public rights-of-way and requested 

comments by November 23, 2011. The 

Access Board is taking this action to 

allow interested persons additional time 

to submit comments. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Proposed Rules 75845 

DATES: Submit comments by February 2, 

2012. 

ADDRESSES: Submit comments by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Regulations.gov ID for this docket is 

ATBCB–2011–0004. 

• Email: row@access-board.gov. 

Include docket number ATBCB 2011–04 

or RIN number 3014–AA26 in the 

subject line of the message. 

• Fax: (202) 272–0081. 

• Mail or Hand Delivery/Courier: 

Office of Technical and Informational 

Services, Access Board, 1331 F Street 

NW., Suite 1000, Washington, DC 

20004–1111. 

All comments will be posted without 

change to http://www.regulations.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Scott Windley, Office of Technical and 

Information Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street NW., Suite 1000, 

Washington, DC 20004–1111. 

Telephone (202) 272–0025 (voice) or 

(202) 272–0028 (TTY). Email address 

row@access-board.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Architectural and Transportation 

Barriers Compliance Board (Access 

Board) is reopening until February 2, 

2012, the comment period for the notice 

entitled ‘‘Accessibility Guidelines for 

Pedestrian Facilities in the Public Rightof-Way,’’ that appeared in the Federal 

Register on July 26, 2011 (76 FR 44664). 

In that notice, the Access Board 

proposed guidelines for accessible 

public rights-of-way and requested 

comments by November 23, 2011. 

On the day the comment period 

ended, the Access Board received a 

request from the National Association of 

Counties, the National League of Cities 

and the U.S. Conference of Mayors to 

extend the comment period for at least 

90 days to provide local governments 

with additional time to review and more 

fully assess the proposed rule. In 

addition, just prior to the closing of the 

comment period, the American Council 

of Engineering Companies requested an 

unspecified extension of the comment 

period. Although the Access Board has 

already provided a 120-day comment 

period and has held two public hearings 

on the proposed rule, the Board will 

provide additional time for the public to 

submit comments on this proposed rule. 

The new comment period ends on 

February 2, 2012. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2011–31089 Filed 12–2–11; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0483–201155; FRL– 

9498–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Tennessee: Prevention of Significant 

Deterioration and Nonattainment New 

Source Review Rules: Nitrogen Oxides 

as a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

changes to the Tennessee State 

Implementation Plan (SIP), submitted 

by the Tennessee Department of 

Environment and Conservation (TDEC) 

through the Division of Air Pollution 

Control to EPA on May 28, 2009. The 

proposed SIP revision modifies 

Tennessee’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) programs. Tennessee’s 

May 28, 2009, SIP revision makes 

several changes for which EPA is 

proposing approval in this rulemaking. 

First, the proposed revision addresses 

requirements promulgated in the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

plementation Rule NSR Update Phase II 

(hereafter referred to as the ‘‘Ozone 

Implementation NSR Update’’ or ‘‘Phase 

II Rule’’). Second, the May 28, 2009, SIP 

revision includes updates to 

Tennessee’s PSD and NNSR permitting 

regulations regarding the addition of 

clean coal technology (CCT) 

requirements. Lastly, the SIP revision 

includes clarifying changes and 

corrections to portions of the Tennessee 

NSR rule. All changes in the proposed 

SIP revision are necessary to comply 

with Federal regulations related to 

Tennessee’s NSR permitting program. 

EPA is proposing approval of the May 

28, 2009, proposed SIP revision because 

the Agency has preliminarily 

determined that the changes are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

NSR permitting. 

DATES: Comments must be received on 

or before January 4, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0483, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0483, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2010– 

0483.’’ 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 

through http://www.regulations.gov or 

email, information that you consider to 

be CBI or otherwise protected. 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 email comment directly 

to EPA without going through http:// 

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 


srobinson on DSK4SPTVN1PROD with PROPOSALS