Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Proposed Rules 11049 

21 When statistical or scientific data is presented, 

the Commission requests enough detail about data, 

study design, statistical analysis, and findings to 

enable it to understand the methodology that was 

used to conduct the analysis. 

the annual energy costs of these 

products? 

3. Reports, Studies, or Research: Do 

any recent reports, studies, or research 

provide data relevant to potential energy 

disclosures for consumer electronics 

products in the United States or other 

countries?21

4. Test Procedures: Are there existing 

adequate test procedures for consumer 

electronic products that could yield 

annual energy consumption estimates? 

If so, are such test procedures currently 

used by industry or in any government 

standards program? Would such test 

procedures be appropriate for the 

Commission to adopt for labeling 

purposes? Why or why not? 

5. Format, Content, and Placement: If 

the Commission considers labeling or 

other energy disclosures for one or more 

of these products, what should be the 

format, content, and placement of such 

information? How do consumers 

purchase these products (e.g., in stores, 

online, etc.)? Should disclosures appear 

on the products themselves, on 

packaging, through other point of 

purchase material, or through some 

other means? 

a. Retailer Role: What role, if any, 

should retailers have in providing these 

disclosures? Should retailers have a 

responsibility for the placement of 

disclosures in brick and mortar stores? 

If so, what should this responsibility be? 

b. Internet Disclosures: Should the 

Commission consider energy disclosure 

options that do not provide consumer 

information at the point of purchase in 

the form of a label or other in-store 

disclosure (e.g., Internet-only 

disclosures with no labeling on the 

product or product package)? Should 

such Internet disclosures (and other 

catalog disclosures) be any different 

than those for other covered products 

under the Rule (such as refrigerators)? 

c. Content: If labeling or other energy 

disclosures should be required, what 

types of information should be included 

on such labels? Should labeling provide 

the same information as the 

EnergyGuide label (i.e., yearly operating 

costs, energy use, and comparative 

information)? Or should the label 

require something different or 

additional? 

6. Comparative Information: What, if 

any, disclosures should the Rule require 

about other products on the market? If 

the Commission requires a label, should 

the label contain a range of 

comparability like other covered 

products with the EnergyGuide label? If 

not, why not? If so, how should such 

comparative information be organized? 

Should the comparisons be made across 

model types and technologies? Is there 

data available from which to develop 

approximate ranges for labeling 

purposes or should the Commission 

wait for manufacturers to test all their 

products and submit such data to the 

Commission? 

7. Reporting Requirements: What data, 

if any, should the Rule require 

manufacturers to submit to the FTC? 

List of Subjects in 16 CFR Part 305 

Advertising, Consumer Protection, 

Energy Conservation, Household 

Appliances, Labeling, Lamp Products, 

Penalties, Reporting and Recordkeeping 

Requirements. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–5560 Filed 3–13–09: 8:45 am] 

BILLING CODE 6750–01–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0884 FRL–8771–2] 

Approval and Promulgation of 

Implementation Plans; Hawaii; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Clean Air Act, EPA 

is proposing to correct errors in certain 

final rules approving or compiling the 

Hawaii state implementation plan. 

These errors relate to the title of the 

plan, removal of variance provisions, 

and compilations of federally 

enforceable regulations. The intended 

effect is to ensure that the Hawaii state 

implementation plan is correctly 

identified in the applicable part of the 

Code of Federal Regulations. 

DATES: Any comments on this proposal 

must arrive by April 15, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0884, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

instructions. 

2. E-mail: vagenas.ginger@epa.gov. 

3. Mail or deliver: Ginger Vagenas 

(AIR–2), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. The 

www.regulations.gov portal is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, Plannning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 942–3964, 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses corrections to errors 

made by EPA in a 1997 final rule 

removing variance-related provisions 

from the Hawaii SIP and in a 2005 final 

rule compiling the Hawaii SIP. In the 

Rules and Regulations section of this 

Federal Register, we are correcting 

these errors in a direct final action 

without prior proposal because we 

believe these actions are not 

controversial. 

If we receive adverse comments, 

however, we will publish a timely 

withdrawal of the direct final rule and 

address the comments in subsequent 

action based on this proposed rule. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, we may adopt as 

11050 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Proposed Rules 

final those provisions of the rule that are 

not the subject of an adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: February 25, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–4800 Filed 3–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2007–0531; FRL–8404–6] 

RIN 2070–AD16 

Testing of Certain High Production 

Volume Chemicals; Second Group of 

Chemicals; Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of public 

meeting. 

SUMMARY: EPA will hold a public 

meeting to give members of the public 

an opportunity to comment on a 

proposed rule under section 4(a)(1)(B) of 

the Toxic Substances Control Act 

(TSCA) to require manufacturers, 

importers, and processors of certain 

high production volume (HPV) chemical 

substances to conduct testing to obtain 

screening level data for health and 

environmental effects and chemical fate. 

Opportunity to present oral comment 

was provided in the proposed rule, and 

in response to that opportunity, two 

requests to present oral comments were 

received. 

DATES: The meeting will be held on 

Tuesday, March 31, 2009, from 8 a.m. to 

noon. 

Requests to participate in the meeting 

must be received on or before March 31, 

2009. 

To request accommodation of a 

disability, please contact the person 

listed under FOR FURTHER INFORMATON

CONTACT, preferably at least 10 days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

ADDRESSES: The meeting will be held at 

the Environmental Protection Agency, 

1201 Constitution Ave., NW., Rm. 1153, 

Washington, DC 20460–0001. 

Requests to participate in the meeting, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2007–0531, 

may be submitted to the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Environmental Assistance 

Division (7408M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

For technical information contact: 

Paul Campanella or John Schaeffer, 

Chemical Control Division (7405M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

numbers: (202) 564–8091 or (202) 564– 

8173; e-mail addresses: 

campanella.paul@epa.gov or 

schaeffer.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statue to include import) or process 

any of the chemical substances that are 

listed in § 799.5087(j) of the proposed 

regulatory text of the HPV2 proposed 

rule. Any use of the term ‘‘manufacture’’ 

in this document will encompass 

‘‘import,’’ unless otherwise stated. In 

addition, once the Agency issues a final 

rule any person who exports, or intends 

to export, any of the chemical 

substances included in the final rule 

will be subject to the export notification 

requirements in TSCA section 12(b)(1) 

and 40 CFR part 707, subpart D. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers (defined by statute to 

include importers) of one or more of the 

19 subject chemical substances listed in 

the HPV2 proposed rule (NAIC codes 

325 and 324110), e.g., chemical 

manufacturing and petroleum refineries. 

• Processors of one or more of the 19 

subject chemical substances listed in the 

HPV2 proposed rule (NAIC codes 325 

and 324110), e.g., chemical 

manufacturing and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket ID 

number EPA–HQ–OPPT–2007–0531. 

All documents in the docket are listed 

in the docket index available at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr. 

II. Background 

In the Federal Register issue of July 

24, 2008 (73 FR 43314) (FRL–8373–9), 

EPA published a proposed rule under 

TSCA section 4(a)(1)(B) to require 

manufacturers, importers, and 

processors of certain HPV chemical 

substances to conduct testing to obtain 

screening level data for health and 

environmental effects and chemical fate. 

EPA has preliminarily determined that: 

Each of the 19 chemical substances 

included in that proposed rule is 

produced in substantial quantities and 

that there is or may be substantial 

human exposure to each of them; there 

are insufficient data to reasonably