Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27507

document above, CPSC has identified 58 products that present a substantial commerce, the severity of the risk, or suppliers of hand-held hair dryers to the product hazard. The proposed rule does otherwise) creates a substantial risk of U.S. consumer market which provide not establish a consumer product safety injury to the public. products listed to the UL standard. standard. The preemption provisions in (b) Hand-held hair dryer means an Three large firms supply approximately section 26(a) of the CPSA, 15 U.S.C. electrical appliance, intended to be held 92% of the U.S. market share. 2075(a), apply when a consumer with one hand during use, which According to the Small Business product safety standard is in effect. creates a flow of air over or through a Administration Size Standards, these Therefore, section 26(a) of the CPSA self-contained heating element for the three firms are not small businesses. would not apply to this rule. purpose of drying hair. According to the UL Online M. Request for Comments Certifications Directory and the Intertek § 1120.3 Substantial product hazard list. ETL Listed Mark Products Directory, The Commission invites interested The following products or class of these three firms plus an additional 55 persons to submit their comments to the products shall be deemed to be firms are UL listed to produce Commission on any aspect of the substantial product hazards under complying hair dryers. All but one of proposed rule. Comments should be section 15(a)(2) of the CPSA. these 55 firms appears to be a small submitted as provided in the (a) Hand-held hair dryers that do not business. Thus, the overwhelming instructions in the ADDRESSES section at provide integral immersion protection majority of hair dryers sold in the the beginning of this notice. in compliance with the requirements of United States are already UL listed. List of Subjects in 16 CFR Part 1120 section 5 of Underwriters Laboratories Since the majority of businesses (both (UL) Standard for Safety for Household Administrative practice and large and small) are already in Electric Personal Grooming Appliances, procedure, Consumer protection, compliance with the voluntary UL 859–2007, 10th Edition, approved Household appliances, Imports, standard, the proposed rule is not March 21, 2007, or section 6 of UL Incorporation by reference. expected to pose a significant burden to Standard for Safety for Commercial small business. Therefore, the Therefore, the Commission proposes Electric Personal Grooming Appliances, Commission certifies that, in accordance to amend Title 16 of the Code of Federal UL 1727, 4th Edition, approved March with section 605 of the RFA, the rule, Regulations by adding part 1120 to read 25, 1999. The Director of the Federal if promulgated, will not have a as follows: Register approves these incorporations by reference in accordance with 5 U.S.C. significant economic impact on a PART 1120—SUBSTANTIAL PRODUCT substantial number of small entities. 552(a) and 1 CFR part 51. You may HAZARD LIST obtain a copy from UL, Inc., 333 I. Environmental Considerations Sec. Pfingsten Road, Northbrook, IL 60062. A rule determining that hand-held 1120.1 Authority You may inspect a copy at the Office of hair dryers without immersion 1120.2 Definitions the Secretary, U.S. Consumer Product protection in accordance with UL 859 or 1120.3 Substantial product hazard list Safety Commission, Room 502, 4330 UL 1727 present a substantial product Authority: 15 U.S.C. 2064(j). East West Highway, Bethesda, MD hazard is not expected to have an 20814, telephone 301–504–7923, or at adverse impact on the environment and § 1120.1 Authority. the National Archives and Records is considered to be a ‘‘categorical Under the authority of section 15(j) of Administration (NARA). For exclusion’’ for the purposes of the the Consumer Product Safety Act information on the availability of this National Environmental Policy Act (CPSA), the Commission determines material at NARA, call 202–741–6030, according to the CPSC regulations that that consumer products or classes of or go to: http://www.archives.gov/ cover its ‘‘environmental review’’ consumer products listed in § 1120.3 federal_register/code_of_federal_ procedures (16 CFR 1021.5(c)(1)). have characteristics whose existence or regulations/ibr_locations.html. absence presents a substantial product (b) [Reserved] J. Paperwork Reduction Act hazard under section 15(a)(2) of the Dated: May 11, 2010. This proposed rule would not impose CPSA. The Commission has determined Todd Stevenson, any information collection that the listed products have requirements. Accordingly, this rule is characteristics that are readily Secretary, U.S. Consumer Product Safety Commission. not subject to the Paperwork Reduction observable and have been addressed by Act, 44 U.S.C. 3501–3520. a voluntary standard, that the voluntary [FR Doc. 2010–11624 Filed 5–14–10; 8:45 am] standard has been effective, and that BILLING CODE 6355–01–P K. Effective Date there is substantial compliance with the The proposed effective date of Part voluntary standard. The listed products 1120, which declares that any held-held are subject to the reporting requirements DEPARTMENT OF HOMELAND hair dryer without immersion of section 15(b) of the CPSA and to the SECURITY protection, as specified in UL 859 or UL recall provisions of section 15(c) and (d) 1727, is a substantial product hazard, is of the CPSA, and shall be refused entry Coast Guard 30 days from issuance of any final into the United States under section regulation in the Federal Register. Thus, 17(a)(4) of the CPSA. 33 CFR Part 165 it would apply to hand-held hair dryers [Docket No. USCG–2010–0349] imported or introduced into commerce § 1120.2 Definitions. 30 days or more after publication of any The definitions in section 3 of the RIN 1625–AA08 final rule in the Federal Register. Consumer Product Safety Act (15 U.S.C. 2052) apply to this part 1120. Safety Zone; , Big L. Preemption (a) Substantial product hazard means Timber Creek, Westville, NJ The proposed rule would place hand- a product defect which (because of the AGENCY: Coast Guard, DHS. held hair dryers without integral pattern of defect, the number of ACTION: Notice of Proposed Rulemaking. immersion protection on a list of defective products distributed in

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SUMMARY: The Coast Guard proposes to suggestion or recommendation. You individual submitting the comment (or establish a temporary Safety Zone may submit your comments and signing the comment, if submitted on during the ‘‘Westville Parade of Lights,’’ material online (via http:// behalf of an association, business, labor an annual event held annually on the www.regulations.gov) or by fax, mail, or union, etc.). You may review a Privacy last Saturday in June with a rain date of hand delivery, but please use only one Act notice regarding our public dockets the first Saturday in July. This Safety of these means. If you submit a in the January 17, 2008, issue of the Zone is necessary to provide for the comment online via http:// Federal Register (73 FR 3316). safety of life on navigable waters during www.regulations.gov, it will be Public Meeting the event. This action is intended to considered received by the Coast Guard temporarily restrict vessel traffic in the when you successfully transmit the We do not now plan to hold a public regulated area within Big Timber Creek. comment. If you fax, hand deliver, or meeting. But you may submit a request DATES: Comments and related material mail your comment, it will be for one using one of the four methods must be received by the Coast Guard on considered as having been received by specified under ADDRESSES. Please or before June 16, 2010. the Coast Guard when it is received at explain why you believe a public the Docket Management Facility. We meeting would be beneficial. If we ADDRESSES: You may submit comments determine that one would aid this identified by docket number USCG– recommend that you include your name rulemaking, we will hold one at a time XXXX–XXXX using any one of the and a mailing address, an e-mail and place announced by a later notice following methods: address, or a telephone number in the (1) Federal eRulemaking Portal: body of your document so that we can in the Federal Register. contact you if we have questions http://www.regulations.gov. Background and Purpose regarding your submission. (2) Fax: 202–493–2251. Annually on the last Saturday of June, (3) Mail: Docket Management Facility To submit your comment online, go to the Borough of Westville and Westville (M–30), U.S. Department of http://www.regulations.gov, click on the Power Boat will sponsor the ‘‘Parade of Transportation, West Building Ground ‘‘submit a comment’’ box, which will Lights.’’ There will be a boat parade Floor, Room W12–140, 1200 then become highlighted in blue. In the ‘‘ ’’ from the Route 130 Bridge to the Avenue, SE., Washington, DC 20590– Document Type drop down menu ‘‘ ’’ Delaware River entrance in Big Timber 0001. select Proposed Rule and insert (4) Hand delivery: Same as mail ‘‘USCG–XXXX–XXXX’’ in the ‘‘Keyword’’ Creek along with a fireworks display address above, between 9 a.m. and 5 box. Click ‘‘Search’’ then click on the launched from land with a fallout area ‘‘ ’’ p.m., Monday through Friday, except balloon shape in the Actions column. extending over the navigable waters of Federal holidays. The telephone number If you submit your comments by mail or Big Timber Creek in the vicinity of hand delivery, submit them in an Westville, New Jersey. Due to the need is 202–366–9329. 1 To avoid duplication, please use only unbound format, no larger than 8 ⁄2 by for vessel control during the event, one of these four methods. See the 11 inches, suitable for copying and vessel traffic will be temporarily ‘‘Public Participation and Request for electronic filing. If you submit restricted to provide for the safety of Comments’’ portion of the comments by mail and would like to spectators and transiting vessels. know that they reached the Facility, SUPPLEMENTARY INFORMATION section Discussion of Proposed Rule please enclose a stamped, self-addressed below for instructions on submitting The Coast Guard proposes to establish comments. postcard or envelope. We will consider all comments and material received a safety zone on Big Timber Creek in FOR FURTHER INFORMATION CONTACT: If during the comment period and may Westville, NJ, encompassing all waters you have questions on this proposed change the rule based on your from the Route 130 Bridge to the rule, call or e-mail Ensign Gary George, comments. entrance of the Delaware River, Coast Guard; telephone 215–271–4851, shoreline to shoreline. The safety zone e-mail [email protected]. If you Viewing Comments and Documents will be in effect from 8 p.m. to 11 p.m. have questions on viewing or submitting To view comments, as well as on the last Saturday in June. The effect material to the docket, call Renee V. documents mentioned in this preamble will be to restrict general navigation in Wright, Program Manager, Docket as being available in the docket, go to the regulated area during the boat Operations, telephone 202–366–9826. http://www.regulations.gov, click on the parade and fireworks display. Except for SUPPLEMENTARY INFORMATION: ‘‘read comments’’ box, which will then persons or vessels authorized by the become highlighted in blue. In the Coast Guard Patrol Commander, no Public Participation and Request for ‘‘Keyword’’ box insert ‘‘USCG–XXXX– person or vessel may enter or remain in Comments XXXX’’ and click ‘‘Search.’’ Click the the regulated area during the We encourage you to participate in ‘‘Open Docket Folder’’ in the ‘‘Actions’’ enforcement period. The Patrol this rulemaking by submitting column. You may also visit the Docket Commander will notify the public of comments and related materials. All Management Facility in Room W12–140 specific enforcement times by Marine comments received will be posted on the ground floor of the Department Radio Safety Broadcast. These without change to http:// of Transportation West Building, 1200 regulations are needed to control vessel www.regulations.gov and will include New Jersey Avenue, SE., Washington, traffic during the event to enhance the any personal information you have DC 20590, between 9 a.m. and 5 p.m., safety of spectators and transiting provided. Monday through Friday, except Federal vessels. holidays. We have an agreement with Submitting Comments Regulatory Evaluation the Department of Transportation to use If you submit a comment, please the Docket Management Facility. This proposed rule is not a include the docket number for this ‘‘significant regulatory action’’ under rulemaking (USCG–XXXX–XXXX), Privacy Act section 3(f) of Executive Order 12866, indicate the specific section of this Anyone can search the electronic Regulatory Planning and Review, and document to which each comment form of comments received into any of does not require an assessment of applies, and provide a reason for each our dockets by the name of the potential costs and benefits under

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section 6(a)(3) of that Order. The Office Regulatory Planning and Review would either preempt State law or of Management and Budget has not This proposed rule is not a significant impose a substantial direct cost of reviewed it under that Order. regulatory action under section 3(f) of compliance on them. We have analyzed We expect the economic impact of Executive Order 12866, Regulatory this proposed rule under that Order and this proposed rule to be so minimal that Planning and Review, and does not have determined that it does not have a full Regulatory Evaluation is require an assessment of potential costs implications for federalism. unnecessary. and benefits under section 6(a)(3) of that Unfunded Mandates Reform Act Although this regulation restricts Order. The Office of Management and vessel traffic from transiting a portion of Budget has not reviewed it under that The Unfunded Mandates Reform Act Big Timber Creek near Westville, New Order. of 1995 (2 U.S.C. 1531–1538) requires Jersey, the effect of this regulation will Federal agencies to assess the effects of not be significant due to the limited Small Entities their discretionary regulatory actions. In duration that the regulated area will be Under the Regulatory Flexibility Act particular, the Act addresses actions in effect and the extensive advance (5 U.S.C. 601–612), we have considered that may result in the expenditure by a notifications that will be made to the whether this proposed rule would have State, local, or tribal government, in the maritime community via marine a significant economic impact on a aggregate, or by the private sector of information broadcasts and area substantial number of small entities. $100,000,000 (adjusted for inflation) or newspapers so mariners can adjust their The term ‘‘small entities’’ comprises more in any one year. Though this plans accordingly. small businesses, not-for-profit proposed rule would not result in such organizations that are independently an expenditure, we do discuss the Small Entities owned and operated and are not effects of this rule elsewhere in this Under the Regulatory Flexibility Act dominant in their fields, and preamble. (5 U.S.C. 601–612), we have considered governmental jurisdictions with Taking of Private Property whether this proposed rule would have populations of less than 50,000. a significant economic impact on a The Coast Guard certifies under 5 This proposed rule would not cause a substantial number of small entities. U.S.C. 605(b) that this proposed rule taking of private property or otherwise The term ‘‘small entities’’ comprises would not have a significant economic have taking implications under small businesses, not-for-profit impact on a substantial number of small Executive Order 12630, Governmental organizations that are independently entities. Actions and Interference with owned and operated and are not If you think that your business, Constitutionally Protected Property dominant in their fields, and organization, or governmental Rights. governmental jurisdictions with jurisdiction qualifies as a small entity Civil Justice Reform populations of less than 50,000. and that this rule would have a significant economic impact on it, This proposed rule meets applicable The Coast Guard certifies under 5 standards in sections 3(a) and 3(b)(2) of U.S.C. 605(b) that this proposed rule please submit a comment (see ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice would not have a significant economic Reform, to minimize litigation, impact on a substantial number of small qualifies and how and to what degree this rule would economically affect it. eliminate ambiguity, and reduce entities: the owners or operators of burden. vessels intending to transit a portion of Assistance for Small Entities Big Timber Creek in the vicinity of Protection of Children Under section 213(a) of the Small Westville, New Jersey during the event. Business Regulatory Enforcement We have analyzed this proposed rule This proposed rule will not have a Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, significant economic impact on a we want to assist small entities in Protection of Children from substantial number of small entities for understanding this proposed rule so that Environmental Health Risks and Safety the following reasons. The rule will be they can better evaluate its effects on Risks. This rule is not an economically in effect for only a short period, from 8 them and participate in the rulemaking. significant rule and would not create an p.m. to 11 p.m. on the last Saturday in If the rule would affect your small environmental risk to health or risk to June, annually. Before the enforcement business, organization, or governmental safety that might disproportionately period, we will issue maritime jurisdiction and you have questions affect children. advisories so mariners can adjust their concerning its provisions or options for Indian Tribal Governments plans accordingly. compliance, please contact the address If you think that your business, listed under ADDRESSES. The Coast This proposed rule does not have organization, or governmental Guard will not retaliate against small tribal implications under Executive jurisdiction qualifies as a small entity entities that question or complain about Order 13175, Consultation and and that this rule would have a this proposed rule or any policy or Coordination with Indian Tribal significant economic impact on it, action of the Coast Guard. Governments, because it would not have please submit a comment (see a substantial direct effect on one or ADDRESSES) explaining why you think it Collection of Information more Indian tribes, on the relationship qualifies and how and to what degree This proposed rule would call for no between the Federal Government and this rule would economically affect it. new collection of information under the Indian tribes, or on the distribution of Regulatory Analyses Paperwork Reduction Act of 1995 (44 power and responsibilities between the U.S.C. 3501–3520.). Federal Government and Indian tribes. We developed this proposed rule after considering numerous statutes and Federalism Energy Effects executive orders related to rulemaking. A rule has implications for federalism We have analyzed this proposed rule Below we summarize our analyses under Executive Order 13132, under Executive Order 13211, Actions based on 13 of these statutes or Federalism, if it has a substantial direct Concerning Regulations That executive orders. effect on State or local governments and Significantly Affect Energy Supply,

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Distribution, or Use. We have requirements, Security measures, ENVIRONMENTAL PROTECTION determined that it is not a ‘‘significant Waterways. AGENCY energy action’’ under that order because it is not a ‘‘significant regulatory action’’ For the reasons discussed in the 40 CFR Part 52 under Executive Order 12866 and is not preamble, the Coast Guard proposes to [EPA–R03–OAR–2010–0157; FRL–9151–9] likely to have a significant adverse effect amend 33 CFR part 165 as follows: on the supply, distribution, or use of PART 165—PART 165–REGULATED Approval and Promulgation of Air energy. The Administrator of the Office NAVIGATION AREAS AND LIMITED Quality Implementation Plans; State of of Information and Regulatory Affairs ACCESS AREAS West Virginia; Section 110(a)(2) has not designated it as a significant Infrastructure Requirements for the energy action. Therefore, it does not 1. The authority citation for part 165 1997 8-Hour Ozone and the 1997 and require a Statement of Energy Effects continues to read as follows: 2006 Fine Particulate Matter National under Executive Order 13211. Ambient Air Quality Standards Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Technical Standards Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; AGENCY: Environmental Protection The National Technology Transfer 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Agency (EPA). and Advancement Act (NTTAA) (15 107–295, 116 Stat. 2064; Department of ACTION: Proposed rule. U.S.C. 272 note) directs agencies to use Homeland Security Delegation No. 0170.1. voluntary consensus standards in their SUMMARY: EPA is proposing to approve regulatory activities unless the agency 2. Add § 165.T05–0349 to read as submittals from the State of West provides Congress, through the Office of follows: Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These Management and Budget, with an § 165.T05–0349, Safety Zone; Big Timber explanation of why using these Creek, Westville, New Jersey. submittals address the infrastructure standards would be inconsistent with elements specified in the CAA section applicable law or otherwise impractical. (a) Regulated area: The waters of the 110(a)(2), necessary to implement, Voluntary consensus standards are Big Timber Creek in Westville Boro, maintain, and enforce the 1997 8-hour technical standards (e.g., specifications Gloucester County, New Jersey, from the ozone and fine particulate matter (PM2.5) of materials, performance, design, or Route 130 Bridge to the entrance of the national ambient air quality standards operation; test methods; sampling Delaware River. (NAAQS) and the 2006 PM2.5 NAAQS. procedures; and related management (b) Definitions: This proposed action is limited to the systems practices) that are developed or following infrastructure elements which (1) Coast Guard Patrol Commander adopted by voluntary consensus were subject to EPA’s completeness standards bodies. means a commissioned, warrant, or findings pursuant to CAA section petty officer of the Coast Guard who has This proposed rule does not use 110(k)(1) for the 1997 8-hour ozone been designated by the Commander, technical standards. Therefore, we did NAAQS dated March 27, 2008 and the not consider the use of voluntary Coast Guard Sector Delaware Bay. 1997 PM2.5 NAAQS dated October 22, consensus standards. (2) Official Patrol means any vessel 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), assigned or approved by Commander, (F), (G), (H), (J), (K), (L), and (M), or Environment Coast Guard Sector Delaware Bay with portions thereof. We have analyzed this proposed rule a commissioned, warrant, or petty DATES: Written comments must be under Department of Homeland officer on board and displaying a Coast received on or before June 16, 2010. Security Management Directive 023–01 Guard ensign. ADDRESSES: Submit your comments, and Commandant Instruction (c) Safety Zone: (1) Except for persons identified by Docket ID Number EPA– M16475.lD, which guide the Coast or vessels authorized by the Coast Guard R03–OAR–2010–0157 by one of the Guard in complying with the National Patrol Commander, no person or vessel following methods: Environmental Policy Act of 1969 • http://www.regulations.gov. Follow may enter or remain in the regulated (NEPA) (42 U.S.C. 4321–4370f), and the on-line instructions for submitting area. have made a preliminary determination comments. that this action is one of a category of (2) The operator of any vessel in the • E-mail: [email protected]. actions that do not individually or regulated area shall: • Mail: EPA–R03–OAR–2010–0157, cumulatively have a significant effect on (i) Stop the vessel immediately when Cristina Fernandez, Associate Director, the human environment. A preliminary directed to do so by any Official Patrol. Office of Air Program Planning, environmental analysis checklist Mailcode 3AP30, U.S. Environmental supporting this determination is (ii) Proceed as directed by any Official Protection Agency, Region III, 1650 available in the docket where indicated Patrol. Arch Street, , under ADDRESSES. This proposed rule (d) Enforcement Period. This section 19103. involves the creation of a safety zone will be enforced annually from 8 p.m. • Hand Delivery: At the previously- and is categorically excluded from to 11 p.m. on the last Saturday in June listed EPA Region III address. Such further analysis under exemption 34(g) with a rain date of the first Saturday in deliveries are only accepted during the of the Instruction. We seek any July. Docket’s normal hours of operation, and comments or information that may lead special arrangements should be made Dated: April 29, 2010. to the discovery of a significant for deliveries of boxed information. environmental impact from this M.L. Austin, Instructions: Direct your comments to proposed rule. Captain, U.S. Coast Guard, Captain of the Docket ID No. EPA–R03–OAR–2010– Port, Sector Delaware Bay. 0157. EPA’s policy is that all comments List of Subjects in 33 CFR Part 165 [FR Doc. 2010–11655 Filed 5–14–10; 8:45 am] received will be included in the public Harbors, Marine safety, Navigation BILLING CODE 9110–04–P docket without change, and may be (water), Reporting and recordkeeping made available online at http://

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