68312 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

H. Executive Order 13211 

This proposed rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not 

expected to affect energy supply, 

distribution, or use and this action is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note), does not 

apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 1, 2010. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

PART 721—[AMENDED] 

1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

2. Amend § 721.5185 as follows: 

a. Revise the section heading. 

b. Revise paragraphs (a)(1) and 

(a)(2)(i). 

c. Add paragraph (a)(2)(ii). 

d. Revise paragraph (a)(2)(iii). 

e. Remove paragraphs (a)(2)(iv), 

(a)(2)(v), and (a)(2)(vi). 

f. Revise paragraph (b)(1). 

The revisions and addition read as 

follows: 

§ 721.5185 2-Propen-1-one, 1-(4- 

morpholinyl)-. 

(a) * * * 

(1) The chemical substance identified 

as 2-Propen-1-one, 1-(4-morpholinyl)- 

(PMN P–95–169; CAS No. 5117–12–4) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. The 

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured). 

(2) * * * 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(2)(iv), (a)(3)(i), 

(a)(3)(ii), (a)(4), (a)(6)(v), (b) 

(concentration set at 1.0 percent), and 

(c). Safety 4/4H EVOH/PE laminate, 

Ansell Edmont Neoprene number 865, 

and Solvex Nitrile Rubber number 275 

gloves have been tested in accordance 

with the American Society for Testing 

Materials (ASTM) F739 method and 

found by EPA to satisfy the consent 

orders and § 721.63(a)(2)(i) requirements 

for dermal protection to 100 percent 

PMN substance. Gloves and other 

dermal protection may not be used for 

a time period longer than they are 

actually tested and must be replaced at 

the end of each work shift. For 

additional dermal protection materials, 

a company must submit all test data to 

the Agency and must receive written 

Agency approval for each type of 

material tested prior to use of that 

material as worker dermal protection. 

However, for the purposes of 

determining the imperviousness of 

gloves, up to 1 year after the 

commencement of commercial 

manufacture or import, the employer 

may use the method described in 

§ 721.63(a)(3)(ii), thereafter, they must 

use the method described in 

§ 721.63(a)(3)(i). 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c), (d), (e) (concentration set at 

1.0 percent), (f), (g)(1)(iv), (g)(1)(vi), 

(g)(2)(v), and (g)(5). 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(a), (c), and (y)(1). 

(b) * * * 

(1) Recordkeeping. The following 

recordkeeping requirements are 

applicable to manufacturers, importers, 

and processors of this chemical 

substance as specified in § 721.125(a) 

through (i). 

* * * * * 

[FR Doc. 2010–28006 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 523, 534, and 535 

[Docket No. NHTSA–2010–0079] 

Notice of Availability of a Draft 

Environmental Impact Statement 

(DEIS) for New Medium- and HeavyDuty Fuel Efficiency Improvement 

Program 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of availability of a Draft 

Environmental Impact Statement (DEIS). 

SUMMARY: NHTSA has prepared a DEIS 

to disclose and analyze the potential 

environmental impacts of the agency’s 

newly proposed fuel consumption 

standards for commercial medium- and 

heavy-duty on-highway vehicles and 

work trucks (‘‘HD vehicles’’), which 

NHTSA recently proposed pursuant to 

the Energy Independence and Security 

Act of 2007. NHTSA invites Federal, 

State, and local agencies, Indian tribes, 

and the public to submit written 

comments on the DEIS using the 

instructions set forth in this notice. To 

facilitate review of the DEIS, NHTSA 

has posted the DEIS on its Web site 

(http://www.nhtsa.gov/fuel-economy) 

and placed it in the agency’s docket, 

identified by the docket number at the 

beginning of this notice. NHTSA will 

consider all public comments received 

on the DEIS in preparing final NEPA 

documents to support final fuel 

consumption standards, which NHTSA 

plans to issue next year. 

DATES: To ensure that NHTSA has the 

opportunity to consider comments on 

the DEIS, NHTSA must receive written 

comments by January 3, 2011. NHTSA 

will try to consider comments received 

after that date to the extent the NEPA 

and rulemaking schedules allow, but 

NHTSA cannot ensure that it will be 

able to do so. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning the DEIS should 

be addressed to Ms. Angel Jackson, 

Telephone: 1–202–366–0154, Fuel 

Economy Division, Office of 

International Vehicle, Fuel Economy 

and Consumer Standards, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. E-mail: 

nhtsa.nepa@dot.gov. Information about 

the HD vehicle rulemaking and the 

NEPA process is also available at 

http://www.nhtsa.gov/fuel-economy. 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68313 

1See National Environmental Policy Act (NEPA), 

42 U.S.C. Sec. 4321–4347, and implementing 

regulations issued by the Council on Environmental 

Quality (CEQ), 40 CFR Parts 1500–1508, and 

NHTSA, 49 CFR Part 520. 2Public Law No. 110–140, 121 Stat. 1492 (Dec. 

19, 2007) (codified at 49 U.S.C. 32901). 3See The White House, Office of the Press 

Secretary, Presidential Memorandum Regarding 

Fuel Efficiency Standards (May 21, 2010), available 

at http://www.whitehouse.gov/the-press-office/ 

presidential-memorandum-regarding-fuelefficiency-standards (last accessed Nov. 1, 2010); 

see also The White House, Office of the Press 

Secretary, President Obama Directs Administration 

to Create First-Ever National Efficiency and 

Emissions Standards for Medium- and Heavy-Duty 

Trucks (May 21, 2010), available at http:// 

www.whitehouse.gov/the-press-office/presidentobama-directs-administration-create-first-evernational-efficiency-and-em (last accessed Nov. 1, 

2010). 

4The ‘‘No Action’’ Alternative assumes that 

NHTSA would not issue a rule regarding a HD Fuel 

Efficiency Improvement Program, and is considered 

to comply with NEPA and to provide an analytical 

baseline against which to compare environmental 

impacts of the other regulatory alternatives. See 40 

CFR 1502.2(e), 1502.14(d). NEPA requires agencies 

to consider a ‘‘no action’’ alternative in their NEPA 

analyses and to compare the effects of not taking 

action with the effects of the reasonable action 

alternatives to demonstrate the different 

environmental effects of the action alternatives. 

5 49 CFR 553.21. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Online: Go to http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the electronic docket Web site by 

clicking on ‘‘Help’’ or ‘‘FAQs.’’ 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 

5 p.m. Eastern time, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number. 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 discussion 

below. We will consider all comments 

received before the close of business on 

the comment closing date indicated 

above. To the extent possible, we will 

also consider comments filed after the 

closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. Telephone: 

(202) 366–9826. 

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:// 

www.dot.gov/privacy.html. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information, to the Chief 

Counsel, NHTSA, at the address given 

under FOR FURTHER INFORMATION

CONTACT. In addition, you should 

submit two copies, from which you 

have deleted the claimed confidential 

business information, to the Docket 

Management Facility at the address 

given above. When you send a comment 

containing information claimed to be 

confidential business information, you 

should include a cover letter setting 

forth the information specified in our 

confidential business information 

regulation (49 CFR Part 512). 

SUPPLEMENTARY INFORMATION: NHTSA 

has prepared a DEIS to disclose and 

analyze the potential environmental 

impacts of the agency’s newly proposed 

Fuel Efficiency Improvement Program 

for HD vehicles.1 Concurrent with the 

DEIS, NHTSA and the U.S. 

Environmental Protection Agency (EPA) 

announced a joint proposed rulemaking 

that would reduce greenhouse gas 

(GHG) emissions from and increase the 

fuel efficiency of HD vehicles. The joint 

proposed rules will be published in the 

near future in the Federal Register. 

NHTSA is proposing fuel consumption 

standards under the Energy 

Independence and Security Act of 2007 

(EISA),2 and EPA is proposing GHG 

emissions standards under the Clean Air 

Act. These proposed standards would 

be tailored to each of three regulatory 

categories of HD vehicles: Combination 

Tractors; Pick-up Trucks and Vans; and 

Vocational Vehicles, as well as gasoline 

and diesel HD vehicle engines. EPA’s 

proposed GHG emissions standards 

would begin with model year (MY) 

2014. NHTSA’s proposed fuel 

consumption standards would be 

optional in MYs 2014 and 2015, 

becoming mandatory beginning in MY 

2016 for most regulatory categories. The 

joint proposed rulemaking is consistent 

with President Obama’s May 21, 2010 

directive to improve the fuel efficiency 

of and reduce GHG pollution from HD 

vehicles through coordinated Federal 

standards.3 EPA and the Federal Motor 

Carrier Safety Administration (FMCSA) 

served as cooperating agencies in the 

preparation of the DEIS. EPA has special 

expertise in the areas of climate change 

and air quality and FMCSA has special 

expertise in HD vehicles. 

To inform decisionmakers and the 

public, the DEIS analyzes the potential 

environmental impacts of the proposed 

standards and alternative standards for 

MYs 2014–2018, including a ‘‘No 

Action’’ Alternative, pursuant to NEPA 

regulations.4 The DEIS analyzes direct, 

indirect, and cumulative impacts in 

proportion to their significance. It 

provides a detailed analysis of potential 

impacts on energy resources, air quality, 

and climate. The DEIS uses climate 

modeling and estimated fuel savings to 

provide quantitative estimates of 

potential impacts on air quality, CO2

emissions, global mean surface 

temperature, precipitation, and sea level 

rise. The DEIS provides a qualitative 

analysis of resources that may be 

impacted by changes in climate, such as 

freshwater resources, terrestrial 

ecosystems, coastal ecosystems, land 

use, human health, and environmental 

justice. It examines impacts on the U.S. 

and on a global scale. In addition, the 

DEIS analyzes potential environmental 

impacts unrelated to climate change. 

How can I get a copy of the DEIS? 

The DEIS is available on NHTSA’s 

Web site at http://www.nhtsa.gov/fueleconomy and in the agency’s docket 

identified by the docket number at the 

beginning of this notice. To request a CD 

containing the DEIS and its Appendices, 

please contact Ms. Angel Jackson using 

the contact information in the FOR

FURTHER INFORMATION CONTACT section 

above. 

How do I comment on the DEIS? 

NHTSA invites the submission of 

written comments on the DEIS which 

the agency will consider in preparing 

the final NEPA documents to support 

the new Fuel Efficiency Improvement 

Program. Your comments must be 

written and in English. To ensure that 

your comments are correctly filed in the 

Docket, please include the docket 

number at the beginning of this notice 

in your comments. 

Your primary comments cannot 

exceed 15 pages.5 However, you may 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68314 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

6See 75 FR 67059 (Nov. 1, 2010). 7See 49 CFR 553.23. 

attach additional documents to your 

primary comments. There is no limit to 

the length of the attachments. 

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 at 65 

FR 19477, April 11, 2000, or you may 

visit http://www.regulations.gov. 

If you wish Docket Management to 

notify you upon its receipt of your 

comments, enclose a self-addressed, 

stamped postcard in the envelope 

containing your comments. Upon 

receiving your comments, Docket 

Management will return the postcard by 

mail. 

As NHTSA and EPA recently 

announced in the Federal Register,6 the 

agencies are holding two public 

hearings on the proposed fuel 

consumption standards. At these 

hearings, NHTSA will also accept 

comments to the DEIS. 

How do I submit confidential business 

information? 

If you wish to submit any information 

under a claim of confidentiality, send 

three copies of your complete 

submission, including the information 

you claim to be confidential business 

information, to the Chief Counsel, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Include a cover letter supplying the 

information specified in our 

confidential business information 

regulation (49 CFR Part 512). 

In addition, send two copies from 

which you have deleted the claimed 

confidential business information to 

Docket Management, 1200 New Jersey 

Avenue, SE., West Building, Room 

W12–140, Washington, DC 20590, or 

submit them electronically, in the 

manner described at the beginning of 

this notice. 

Will the agency consider late 

comments? 

NHTSA will consider all comments 

that Docket Management receives before 

the close of business on the comment 

closing date indicated above under 

DATES. To the extent the NEPA and 

rulemaking schedules allow, NHTSA 

will try to consider comments that 

Docket Management receives after that 

date, but we cannot ensure that we will 

be able to do so.7

Please note that even after the 

comment closing date, we will continue 

to file relevant information in the docket 

as it becomes available. Further, some 

commenters may submit late comments. 

Accordingly, we recommend that you 

periodically check the docket for new 

material. 

Issued on: November 1, 2010. 

Joseph S. Carra 

Acting Associate Administrator for 

Rulemaking. 

[FR Doc. 2010–27930 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–59–P 

mstockstill on DSKH9S0YB1PROD with PROPOSALS