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Federal Register / Vol. 73, No.

44 / Wednesday, March 5, 2008 / Proposed Rules 11845

APPENDIX—Continued
REGULATORY REVIEW
MODIFIED TEN-YEAR SCHEDULE

YEAR TO
16 CFR PART TOPIC REVIEW

240 Guides for Advertising Allowances and Other Merchandising Payments and Services .......................................... 2012
251 Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations ............................................................... 2012
310 Telemarketing Sales Rule ......................................................................................................................................... 2013
801 Hart-Scott-Rodino Antitrust Improvements Act Coverage Rules .............................................................................. 2013
802 Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules ............................................................................ 2013
803 Hart-Scott-Rodino Antitrust Improvements Act Transmittal Rules ........................................................................... 2013
304 Rules and Regulations under the Hobby Protection Act .......................................................................................... 2014
309 Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles ....................................................... 2014
314 Standards for Safeguarding Customer Information .................................................................................................. 2014
315 Contact Lens Rule .................................................................................................................................................... 2015
316 Rules Implementing the CAN-SPAM Act of 2003 .................................................................................................... 2015
456 Ophthalmic Practice Rules ........................................................................................................................................ 2015
603 Fair Credit Reporting Act (FCRA) Rules - Definitions .............................................................................................. 2015
610 FCRA Rules - Free Annual File Disclosures ............................................................................................................ 2015
611 FCRA Rules - Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency ........ 2015
613 FCRA Rules - Duration of Active Duty Alerts ........................................................................................................... 2015
614 FCRA Rules - Appropriate Proof of Identity ............................................................................................................. 2015
698 FCRA Rules - Summaries, Notices, and Forms ....................................................................................................... 2015
460 Labeling and Advertising of Home Insulation ........................................................................................................... 2016
682 FCRA Rules - Disposal of Consumer Report Information and Records .................................................................. 2016
410 Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets .............................. 2017
312 Children’s Online Privacy Protection Rule ................................................................................................................ 2017
18 Guides for the Nursery Industry ................................................................................................................................ 2018
305 Appliance Labeling Rule ........................................................................................................................................... 2018
311 Test Procedures and Labeling Standards for Recycled Oil ..................................................................................... 2018
436 Disclosure Requirements and Prohibitions Concerning Franchising ....................................................................... 2018

[FR Doc. E8–4195 Filed 3–4–08: 8:45 am] B. E-mail: through www.regulations.gov, your
BILLING CODE: 6750–01–S fernandez.cristina@epa.gov. e-mail address will be automatically
C. Mail: EPA–R03–OAR–2007–1188, captured and included as part of the
Cristina Fernandez, Chief, Air Quality comment that is placed in the public
ENVIRONMENTAL PROTECTION Planning Branch, Mailcode 3AP21, U.S. docket and made available on the
AGENCY Environmental Protection Agency, Internet. If you submit an electronic
Region III, 1650 Arch Street, comment, EPA recommends that you
40 CFR Part 52 Philadelphia, Pennsylvania 19103. include your name and other contact
D. Hand Delivery: At the previously- information in the body of your
[EPA–R03–OAR–2007–1188; FRL–8537–5]
listed EPA Region III address. Such comment and with any disk or CD–ROM
Approval and Promulgation of Air deliveries are only accepted during the you submit. If EPA cannot read your
Quality Implementation Plans; Docket’s normal hours of operation, and comment due to technical difficulties
Delaware; Control of Stationary special arrangements should be made and cannot contact you for clarification,
Generator Emissions for deliveries of boxed information. EPA may not be able to consider your
Instructions: Direct your comments to comment. Electronic files should avoid
AGENCY: Environmental Protection Docket ID No. EPA–R03–OAR–2007– the use of special characters, any form
Agency (EPA). 1188. EPA’s policy is that all comments of encryption, and be free of any defects
ACTION: Proposed rule. received will be included in the public or viruses.
docket without change, and may be Docket: All documents in the
SUMMARY: EPA is proposing to approve made available online at electronic docket are listed in the
a State Implementation Plan (SIP) www.regulations.gov, including any www.regulations.gov index. Although
revision submitted by the State of personal information provided, unless listed in the index, some information is
Delaware. This SIP revision contains the comment includes information not publicly available, i.e., CBI or other
provisions to control emissions from claimed to be Confidential Business information whose disclosure is
stationary generators. This action is Information (CBI) or other information restricted by statute. Certain other
being taken under the Clean Air Act whose disclosure is restricted by statute. material, such as copyrighted material,
(CAA). Do not submit information that you is not placed on the Internet and will be
DATES: Written comments must be consider to be CBI or otherwise publicly available only in hard copy
received on or before April 4, 2008. protected through www.regulations.gov form. Publicly available docket
ADDRESSES: Submit your comments, or e-mail. The www.regulations.gov Web materials are available either
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identified by Docket ID Number EPA– site is an ‘‘anonymous access’’ system, electronically in www.regulations.gov or
R03–OAR–2007–1188 by one of the which means EPA will not know your in hard copy during normal business
following methods: identity or contact information unless hours at the Air Protection Division,
A. www.regulations.gov. Follow the you provide it in the body of your U.S. Environmental Protection Agency,
on-line instructions for submitting comment. If you send an e-mail Region III, 1650 Arch Street,
comments. comment directly to EPA without going Philadelphia, Pennsylvania 19103.

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11846 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules

Copies of the State submittal are Distribution, or Use’’ (66 FR 28355 (May EPA has taken the necessary steps to
available at the Delaware Department of 22, 2001)). This action merely proposes eliminate drafting errors and ambiguity,
Natural Resources & Environmental to approve state law as meeting Federal minimize potential litigation, and
Control, 89 Kings Highway, P.O. Box requirements and imposes no additional provide a clear legal standard for
1401, Dover, Delaware 19901. requirements beyond those imposed by affected conduct. EPA has complied
FOR FURTHER INFORMATION CONTACT: Rose state law. Accordingly, the with Executive Order 12630 (53 FR
Quinto, (215) 814–2182, or by e-mail at Administrator certifies that this 8859, March 15, 1988) by examining the
quinto.rose@epa.gov. proposed rule will not have a significant takings implications of the rule in
SUPPLEMENTARY INFORMATION: economic impact on a substantial accordance with the ‘‘Attorney
number of small entities under the General’s Supplemental Guidelines for
I. Background Regulatory Flexibility Act (5 U.S.C. 601 the Evaluation of Risk and Avoidance of
On November 1, 2007, the Delaware et seq.). Because this rule proposes to Unanticipated Takings’’ issued under
Department of Natural Resources and approve pre-existing requirements the executive order. This proposed rule
Environmental Control (DNREC) under state law and does not impose pertaining to Delaware’s control of
submitted a SIP revision for Regulation any additional enforceable duty beyond stationary generator emissions, does not
No. 1144—Control of Stationary that required by state law, it does not impose an information collection
Generator Emissions. The SIP revision contain any unfunded mandate or burden under the provisions of the
applies to new, existing, emergency, and significantly or uniquely affect small Paperwork Reduction Act of 1995 (44
distributed stationary generators. governments, as described in the U.S.C. 3501 et seq.).
Unfunded Mandates Reform Act of 1995
II. Summary of SIP Revision (Pub. L. 104–4). This proposed rule also List of Subjects in 40 CFR Part 52
Regulation No. 1144 will impact any does not have a substantial direct effect Environmental protection, Air
owner of a stationary generator, except on one or more Indian tribes, on the pollution control, Nitrogen dioxide,
the owner of any of the following: relationship between the Federal Ozone, Reporting and recordkeeping
mobile generator; residential generator Government and Indian tribes, or on the requirements, Volatile organic
for emergency power use only; certain distribution of power and compounds.
generators whose emissions are already responsibilities between the Federal Authority: 42 U.S.C. 7401 et seq.
controlled; or generators with a standby Government and Indian tribes, as
power rating of 10 kilowatts or less. specified by Executive Order 13175 (65 Dated: February 25, 2008.
Regulation No. 1144 establishes FR 67249, November 9, 2000), nor will Donald S. Welsh,
operating requirements, fuel sulfur it have substantial direct effects on the Regional Administrator, Region III.
content limits, and recordkeeping States, on the relationship between the [FR Doc. E8–4256 Filed 3–4–08; 8:45 am]
requirements for stationary generators. national government and the States, or BILLING CODE 6560–50–P
The regulation will also require on the distribution of power and
stationary generators which operate at responsibilities among the various
times other than during emergencies for levels of government, as specified in ENVIRONMENTAL PROTECTION
testing or for maintenance to meet Executive Order 13132 (64 FR 43255, AGENCY
certain emission standards to reduce August 10, 1999), because it merely
their emissions. proposes to approve a state rule 40 CFR Part 52
implementing a Federal requirement, [Docket No. EPA–R02–OAR–2008–0005;
III. Proposed Action
and does not alter the relationship or FRL–8537–8]
EPA is proposing to approve the the distribution of power and
Delaware SIP revision for Regulation responsibilities established in the Clean Approval and Promulgation of
No. 1144—Control of Stationary Air Act. This proposed rule also is not Implementation Plans; Motor Vehicle
Generator Emissions submitted on subject to Executive Order 13045 (62 FR Emissions Budgets; State of New
November 1, 2007. This regulation will 19885, April 23, 1997), because it Jersey
help ensure that the air emissions from approves a state rule implementing a
new and existing stationary generators Federal standard. AGENCY: Environmental Protection
do not cause or contribute to the In reviewing SIP submissions, EPA’s Agency (EPA).
existing air quality problems with role is to approve state choices, ACTION: Proposed rule.
regard to ground-level ozone and fine provided that they meet the criteria of
SUMMARY: The Environmental Protection
particulate matter, thereby adversely the Clean Air Act. In this context, in the
Agency (EPA) is proposing to approve a
impacting public health, safety and absence of a prior existing requirement
State Implementation Plan (SIP)
welfare. EPA is soliciting public for the State to use voluntary consensus
revision submitted by the State of New
comments on the issues discussed in standards (VCS), EPA has no authority
Jersey. This revision updates the direct
this document. These comments will be to disapprove a SIP submission for
failure to use VCS. It would thus be PM2.5 and NOX motor vehicle emissions
considered before taking final action.
inconsistent with applicable law for budgets for Mercer County, located
IV. Statutory and Executive Order within the New Jersey portion of the
EPA, when it reviews a SIP submission,
Reviews New York-Northern New Jersey-Long
to use VCS in place of a SIP submission
Under Executive Order 12866 (58 FR that otherwise satisfies the provisions of Island, NY-NJ-CT, PM2.5 nonattainment
51735, October 4, 1993), this proposed the Clean Air Act. Thus, the area. The intended effect of this
action is not a ‘‘significant regulatory requirements of section 12(d) of the rulemaking is to approve budgets that
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action’’ and therefore is not subject to National Technology Transfer and will be used to determine transportation
review by the Office of Management and Advancement Act of 1995 (15 U.S.C. conformity.
Budget. For this reason, this action is 272 note) do not apply. DATES: Comments must be received on
also not subject to Executive Order As required by section 3 of Executive or before April 4, 2008.
13211, ‘‘Actions Concerning Regulations Order 12988 (61 FR 4729, February 7, ADDRESSES: Submit your comments,
That Significantly Affect Energy Supply, 1996), in issuing this proposed rule, identified by Docket ID No. EPA–R02–

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