Tuesday, February 2, 2010

Environmental Federal Register, Vol. 75, No. 21, February 2, 2010

Federal Register
Vol. 75, No. 21
Tuesday, February 2, 2010
 
There are 8 announcements in this issue
 
    1. TOXICS - ND. EPA. Exposure Factors Handbook: 2009 Update
 
    2. TOXICS - ND. EPA. Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
 
    3. TOXICS - ND. EPA. Sixty-Fifth Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments
 
    4. WILDLIFE, LAND - ND. DOI/FWS. Information Collection Sent to the Office of Management and Budget (OMB) for Approval; Survey of National Wildlife Refuge Visitors
 
    5. TRANSPORT, ENERGY, P2 - FR. DOT/National Highway Traffic Safety Administration. Requirements and Procedures for Consumer Assistance To Recycle and Save Program
 
    6. ENERGY/Nuclear - ND. NRC. In the Matter of Entergy Nuclear Operations, Inc., et al.; Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses
 
    7. HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Material; Miscellaneous Packaging Amendments
 
    8. HAZ, TRANSPORT - PR. Hazardous Materials Transportation; Registration and Fee Assessment Program
  
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: TOXICS - ND. EPA. Exposure Factors Handbook: 2009 Update
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]              
[Page 5317-5318]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9108-5; Docket ID No. EPA-HQ-ORD-2009-0613]

Exposure Factors Handbook: 2009 Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Peer-Review Workshop.

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SUMMARY: EPA is announcing that Eastern Research Group, Inc. (ERG), an
EPA contractor for external scientific peer review, will convene an
independent panel of experts and organize and conduct an external peer-
review workshop on March 3-4, 2010, to review the external review draft
document titled, ``Exposure Factors Handbook 2009 Update'' (EPA/600/R-
09/052A). EPA previously announced the 60-day public comment period
(ending December 7, 2009) for the draft document in the Federal
Register on October 7, 2009 (74 FR 51592). The draft document was
prepared by the National Center for Environmental Assessment (NCEA)
within EPA's Office of Research and Development. The Exposure Factors
Handbook provides information on various physiological and behavioral
factors commonly used in assessing exposure to environmental chemicals.
The handbook was first published in 1989 and was updated in 1997. This
updated version incorporates data available since 1997 up to June 2009.
It also reflects the revisions made to the Child-Specific Exposure
Factors Handbook, which was updated and published in 2008. Each chapter
in the revised Exposure Factors Handbook presents recommended values
for the exposure factors covered in the chapter as well as a discussion
of the underlying data used in developing the recommendations.
    The public comment period and the external peer-review workshop are
separate processes that provide opportunities for all interested
parties to comment on the document. EPA intends to forward public
comments submitted in accordance with the October 7, 2009, Federal
Register notice (74 FR 51592) to ERG, for consideration by the external
peer-review panel prior to the workshop. EPA will consider public
comments and recommendations from the expert panel workshop as EPA
finalizes the draft document.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.
    ERG invites the public to register to attend this workshop as
observers. In addition, ERG invites the public to give oral comments at
the workshop regarding the draft document under review. Members of the
public interested in making oral comments at the workshop should also
provide ERG with an electronic copy of their comments. Space is
limited, and reservations will be accepted on a first-come, first-
served basis. The draft document and EPA's peer-review charge are only
available via the Internet on NCEA's home page under the Recent
Additions menu at http://www.epa.gov/ncea. In preparing a final report,
EPA will consider ERG's report of the comments and recommendations from
the external peer-review workshop and any public comments that EPA
received.

DATES: The peer-review panel workshop will begin on Wednesday, March 3,
2010, at 8 a.m., and will end on Thursday, March 4, 2010, at
approximately 12 p.m. Eastern Standard Time.

ADDRESSES: The peer-review workshop will be held at the Sheraton
Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202.
The EPA contractor, ERG, is organizing, convening, and conducting the
peer-review workshop. To attend the workshop, register by February 24,
2010, by calling ERG at 781-674-7374 or toll free at 800-803-2833 (ask
for the EFH peer-review coordinator, Laurie Waite). You may register
via the Internet at https://www2.ergweb.com/projects/conferences/
peerreview/register-efh.htm
, or by sending a facsimile to 781-674-2906
(please reference: ``EFH peer-review workshop'' and include your name,
title, affiliation, full address, and contact information). Please
indicate if you would like to make oral comments at the workshop. You
may also register by sending an e-mail to meetings@erg.com (subject
line: ``EFH peer-review workshop'' and include your name, title,
affiliation, full address, and contact information). Please indicate if
you would like to make oral comments at the workshop. The draft
``Exposure Factors Handbook: 2009 Update'' is only available via the
Internet on the National Center for Environmental Assessment's home
page under the Recent Additions menu at http://www.epa.gov/ncea. No
printed copies are available because of the size of the document.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the ``Exposure Factors Handbook: 2009
Update'' peer-review workshop and will make every effort to accommodate
persons with disabilities. For information on access or services for
individuals with disabilities, please contact ERG, 110 Hartwell Avenue,
Lexington, MA 02421-3136; telephone: 781-674-7374; facsimile: 781-674-
2906; or e-mail: meetings@erg.com (subject line: EFH peer-review
workshop), preferably at least 10 days prior to the meeting, to give as
much time as possible to process your request.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, access or services for individuals with disabilities, or
logistics for the external peer-review workshop should be directed to
ERG, 110 Hartwell Avenue, Lexington, MA 02421-3136; telephone: 781-674-
7374; facsimile: 781-674-2906; or e-mail: meetings@erg.com (subject
line: EFH peer-review workshop). To request accommodation of a
disability, please contact Laurie Waite at ERG (contact information
above), preferably at least 10 days prior to the workshop, to give as
much time as possible to process your request. If you have questions
about the document, please contact Jacqueline Moya, National Center for
Environmental Assessment (NCEA), 1200 Pennsylvania Ave, NW., 8601P,
Washington, DC 20460; telephone: 703-347-8539; facsimile: 703-347-8496;
or e-mail: moya.jacqueline@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - ND. EPA. Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]              
[Page 5318-5320]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0684; FRL-8809-8]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of request by registrants to voluntarily cancel
certain pesticide registrations.

DATES: Unless a request is withdrawn by or March 4, 2010 for
registrations for which the registrant requested a waiver of the 180-
day comment period, orders will be issued canceling these
registrations. The Agency will consider withdrawal requests postmarked
no later than March 4, 2010, whichever is applicable. Comments must be
received on or before March 4, 2010, for those registrations where the
180-day comment period has been waived.

ADDRESSES: Submit your comments and your withdrawal request, identified
by docket identification (ID) number EPA-HQ-OPP-2009-0684 by one of the
following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
   

FOR FURTHER INFORMATION CONTACT: Daniel Peacock, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5407; e-mail address: peacock.daniel@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - ND. EPA. Sixty-Fifth Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]              
[Page 5405-5408]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0869; FRL-8804-4]

Sixty-Fifth Report of the TSCA Interagency Testing Committee to
the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its Sixty-Fifth Report to the Administrator
of EPA on December 3, 2009. In the 65\th\ ITC Report, which is included
with this notice, the ITC has no revisions to the TSCA section 4(e)
Priority Testing List at this time.

DATES: Comments must be received on or before March 4, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0869, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0869. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
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: TSCA-Hotline@epa.gov.
 
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ANNOUNCEMENT 4


Subject: WILDLIFE, LAND - ND. DOI/FWS. Information Collection Sent to the Office of Management and Budget (OMB) for Approval; Survey of National Wildlife Refuge Visitors
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]              
[Page 5340-5341]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-R-2010-N023; 93261-99CS-0000-4A]

Information Collection Sent to the Office of Management and
Budget (OMB) for Approval; Survey of National Wildlife Refuge Visitors

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY:  We (Fish and Wildlife Service) have sent an Information
Collection Request (ICR) to OMB for review and approval. The ICR, which
is summarized below, describes the nature of the collection and the
estimated burden and cost. We may not conduct or sponsor and a person
is not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: You must send comments on or before March 4, 2010.

ADDRESSES: Send your comments and suggestions on this information
collection to the Desk Officer for the Department of the Interior at
OMB-OIRA at (202) 395-5806 (fax) or OIRA_DOCKET@OMB.eop.gov (e-mail).
Please provide a copy of your comments to Hope Grey, Information
Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ,
4401 North Fairfax Drive, Arlington, VA 22203 (mail) or hope_
grey@fws.gov
(e-mail).

FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Hope Grey by mail or e-mail (see ADDRESSES) or
by telephone at (703) 358-2482.

 
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ANNOUNCEMENT 5


Subject: TRANSPORT, ENERGY, P2 - FR. DOT/National Highway Traffic Safety Administration. Requirements and Procedures for Consumer Assistance To Recycle and Save Program
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]              
[Page 5248-5251]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 599

[Docket No. NHTSA-2009-0120; Notice 2]
RIN 2127-AK67

Requirements and Procedures for Consumer Assistance To Recycle
and Save Program

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations implementing the
Consumer Assistance to Recycle and Save (CARS) program, published on
July 29, 2009 in the Federal Register under the CARS Act. The rule
change allows disposal facilities an additional 90 days, for a total of
270 days, to crush or shred a vehicle traded in under the CARS program.
This additional time will allow the public to benefit from the
availability of lower cost used vehicle parts from vehicles traded in
under the CARS program and will provide disposal facilities with an
opportunity to derive more revenue from those vehicles prior to
crushing or shredding.

DATES: This final rule is effective February 2, 2010. Petitions: If you
wish to petition for reconsideration of this rule, your petition must
be received by March 19, 2010.

ADDRESSES: If you submit a petition for reconsideration of this rule,
you should refer in your petition to the docket number of this document
and submit your petition to: Administrator, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., West Building,
Washington, DC 20590.
    The petition will be placed in the public docket. Anyone is able to
search the electronic form of all documents received into any of our
dockets by the name of the individual submitting the document (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). You may review the complete User notice
and Privacy Notice for Regulations.gov at http://www.regulations.gov/
search/footer/privacyanduse.jsp
.

FOR FURTHER INFORMATION CONTACT: For questions, you may call David
Jasinski, NHTSA Office of Chief Counsel, at (202) 366-5552.
 
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ANNOUNCEMENT 6


Subject: ENERGY/Nuclear - ND. NRC. In the Matter of Entergy Nuclear Operations, Inc., et al.; Order Extending the Effectiveness of the Approval of the Indirect Transfer of
Facility Operating Licenses
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]              
[Page 5357-5358]

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0336]

In the Matter of Entergy Nuclear Operations, Inc., et al.; Order
Extending the Effectiveness of the Approval of the Indirect Transfer of
Facility Operating Licenses

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Entergy Nuclear Operations, Inc.
Entergy Nuclear Generation Company (Pilgrim  Docket No. 50-293.
Nuclear Power Station).                     License No. DPR-35.
Entergy Nuclear Indian Point 2, LLC (Indian  Docket Nos. 50-003, 50-247) and 72-51.
Point Nuclear Generating Unit Nos. 1 and    License Nos. DPR-5, DPR-26.
2).
ENTERGY NUCLEAR INDIAN POINT 3, LLC (Indian  Docket No. 50-286.
Point Nuclear Generating Unit No. 3).       License No. DPR-64.
Entergy Nuclear Fitzpatrick, LLC (James A.   Docket Nos. 50-333 and 72-12.
FitzPatrick Nuclear Power Plant).           License No. DPR-59.
Entergy Nuclear Vermont Yankee, LLC          Docket Nos. 50-271 and 72-59.
(Vermont Yankee Nuclear Power Station).     License No. DPR-28.
Entergy Nuclear Palisades, LLC (Palisades    Docket Nos. 50-255 and 72-7.
Nuclear Plant).                             License No. DPR-20.
(Big Rock Point)...........................  Docket Nos. 50-155 and 72-43.
                                             License No. DPR-6.

 
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ANNOUNCEMENT 7


Subject: HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Material; Miscellaneous Packaging Amendments
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]              
[Page 5375-5403]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, and 178

[Docket No. PHMSA-06-25736 (HM-231)]
RIN 2137-AD89

Hazardous Material; Miscellaneous Packaging Amendments

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule.

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SUMMARY: In this final rule, PHMSA is amending packaging requirements
in the Hazardous Materials Regulations to enhance compliance
flexibility, improve clarity, and reduce regulatory burdens.
Specifically, we are revising several packaging related definitions;
adding provisions to allow more flexibility when preparing and
transmitting closure instructions, including conditions under which
closure instructions may be transmitted electronically; adding a
requirement for shippers to retain packaging closure instructions;
incorporating new language that will allow for a practicable means of
stenciling the ``UN'' symbol on packagings; and clarifying a
requirement to document the methodology used when determining whether a
change in packaging configuration requires retesting as a new design or
may be considered a variation of a previously tested design. This final
rule also incorporates requirements for construction, maintenance, and
use of Large Packagings.

DATES: Effective Date: October 1, 2010.
    Voluntary Compliance Date: Compliance with the requirements adopted
herein is authorized as of March 4, 2010. However, persons voluntarily
complying with these regulations should be aware that appeals may be
received and as a result of PHMSA's evaluation of these appeals, the
amendments adopted in this final rule may be revised accordingly.

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366-8553, or Ben Moore, Office of Hazardous
Materials Technology, (202) 366-4545; Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.

 
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ANNOUNCEMENT 8


Subject: HAZ, TRANSPORT - PR. Hazardous Materials Transportation; Registration and Fee Assessment Program
 
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Proposed Rules]              
[Page 5258-5261]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 107

[Docket No. PHMSA-2009-0201 (HM-208H)]
RIN 2137-AE47

Hazardous Materials Transportation; Registration and Fee
Assessment Program

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: PHMSA is proposing to adjust the statutorily-mandated
registration and fee assessment program for persons who transport, or
offer for transportation, certain categories and quantities of
hazardous materials. PHMSA's proposal would provide that, for
registration years beginning in 2010-2011, the annual fee to be paid by
those registrants not qualifying as a small business or not-for-profit
organization would increase from $975 (plus a $25 administrative fee)
to $2,975 (plus a $25 administrative fee). The proposed fee increase is
necessary to fund the national Hazardous Materials Emergency
Preparedness (HMEP) grants program at its authorized level of
approximately $28,000,000.

DATES: Submit comments by March 4, 2010.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number
PHMSA-2009-0201 by any of the following methods:
    Fax: 202-493-2251.
    Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
    Hand Delivery: U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Instructions: Include the agency name and docket number PHMSA-2009-
0201 (HM-208H) or Regulatory Identification Number (RIN) RIN 2137-AE47
for this rulemaking at the beginning of your comment. All comments
received will be posted without change to http://www.regulations.gov
including any personal information provided. Persons wishing to receive
confirmation of receipt of their comments must include a self-addressed
stamped postcard.
    Docket: You may review the public docket through the Internet at
http://www.regulations.gov or in person at the Dockets Operations
office at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, PHMSA, (202) 366-4484, and
Ms. Deborah Boothe or Mr. Steven Andrews, Office of Hazardous Materials
Standards, PHMSA, (202) 366-8553.

 
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