National Oil and Hazardous Substances Pollution Contingency Plan; Revision To Increase Public Availability of the Administrative Record File, 66783-66785 [2012-26973]
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Proposed Rules
ppm. Adequate enforcement
methodology (liquid chromatography/
mass spectrometry/mass spectrometry—
(LC/MS/MS)) is available to enforce the
tolerance expression. Contact: Sidney
Jackson, RD, (703) 305–7610, email
address: jackson.sidney@epa.gov.
2. PP 2E8065. (EPA–HQ–OPP–2012–
0775) BASF Corporation, 26 Davis Dr.,
P.O. Box 13528, Research Triangle Park,
NC 27709–3528, requests to establish
tolerances in 40 CFR part 180 for
residues of the herbicide for the
combined residues of saflufenacil (2chloro-5-[3,6-dihydro-3-methyl-2,6dioxo-4-(trifluoromethyl)-1(2H)pyrimidinyl]-4-fluoro-N-[[methyl(1methylethyl)amino]sulfonyl]benzamide)
and its metabolites N-[2-chloro-5-(2,6dioxo-4-(trifluoromethyl)-3,6-dihydro1(2H)-pyrimidinyl)-4-fluorobenzoyl]-N′isopropylsulfamide and N-[4-chloro-2fluoro-5-({[(isopropylamino)sulfonyl]
amino carbonyl)phenyl]urea, calculated
as the stoichiometric equivalent of
saflufenacil, in or on sugarcane, cane at
0.03 ppm; sugarcane, molasses at 0.075
ppm; and sugarcane, refined sugar at
0.045 ppm . Adequate enforcement
methodology (LC/MS/MS methods
D0603/02 (plants) and L0073/01
(livestock)) is available to enforce the
tolerance expression. Contact: Bethany
Benbow, RD, (703) 347–8072, email
address: benbow.bethany@epa.gov.
3. PP 2E8072. (EPA–HQ–OPP–2012–
0716) IR–4, 500 College Rd. East, Suite
201W., Princeton, NJ 08540, requests to
establish tolerances in 40 CFR part 180
for residues of the insecticide
fenpyroximate, (E)-1,1-dimethylethyl 4[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol4-yl)methylene]amino]oxy] methyl]
benzoate and its Z-isomer, (Z)-1,1dimethylethyl 4-[[[[(1,3-dimethyl-5phenoxy-1H-pyrazol-4-yl)methylene]
amino]oxy]methyl]benzoate in or on
fruit, stone, group 12–12 at 2.0 ppm;
fruit, small, vine climbing, except fuzzy
kiwifruit, subgroup 13–07F at 1.0 ppm;
and vegetable, tuberous and corm,
subgroup 1C at 0.1 ppm. An
enforcement method has been
developed which involves extraction of
fenpyroximate from crops with ethyl
acetate in the presence of anhydrous
sodium sulfate, dilution with methanol,
and then analysis by high performance
liquid chromatography (HPLC) using
tandem mass spectrometric detection
(HPLC/MS/MS). This is a new
enforcement method. Contact: Sidney
Jackson, RD, (703) 305–7610, email
address: jackson.sidney@epa.gov.
4. PP 2E8083. (EPA–HQ–OPP–2012–
0791) IR–4, 500 College Rd. East, Suite
201W., Princeton, NJ 08540, requests to
establish tolerances in 40 CFR part 180
for residues of the herbicide linuron, (3-
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(3,4-dichlorophenyl)-1-methoxy-1methylurea) and its metabolites
convertible to 3,4-dichloroaniline,
calculated as linuron, in or on; cilantro,
dried leaves at 27 ppm; cilantro, fresh
leaves at 3 ppm; dillweed, dried leaves
at 7.1 ppm; dillweed, fresh leaves at 1.5
ppm; dill oil at 4.8 ppm; dill seed at 0.3
ppm; horseradish at 0.050 ppm; parsley,
dried leaves at 8.3 ppm; parsley leaves
at 3 ppm; and pea, dry, seed at 0.08
ppm. Adequate enforcement methods
(gas chromatography/mass selective
detection (GC/MSD)) are available for
the determination of linuron in plant
and animal commodities. A second
method involves using reversed phase
HPLC with MS/MS detection. Contact:
Laura Nollen, RD, (703) 305–7390, email
address: nollen.laura@epa.gov.
Amended Tolerance
1. PP 2E8064. (EPA–HQ–OPP–2012–
0635) IR–4, 500 College Rd. East, Suite
201W., Princeton, NJ 08540, requests to
concurrently delete the tolerances in 40
CFR 180.628 for residues of the
insecticide chlorantraniliprole, 3bromo-N-[4-chloro-2-methyl-6[(methylamino)carbonyl]phenyl]-1-(3chloro-2-pyridinyl)-1H-pyrazole-5carboxamide, in or on mayhaw; corn,
field, forage; corn, field, grain; corn,
field, milled byproducts; corn, field,
stover; corn, pop, forage; corn, pop,
grain; corn, pop, stover; corn, sweet,
forage; corn, sweet, kernel plus cobs
with husk removed; corn, sweet, stover;
fruit, citrus, group 10; and fruit, pome,
group 11 upon approval of the
tolerances listed under ‘‘New
Tolerance’’ for PP 2E8064. Contact:
Sidney Jackson, RD, (703) 305–7610,
email address: jackson.sidney@epa.gov.
2. PP 2E8083. (EPA–HQ–OPP–2012–
0791) IR–4, 500 College Rd. East, Suite
201W., Princeton, NJ 08540, requests to
delete the regional tolerance in 40 CFR
180.184(c) for residues of the herbicide
linuron, (3-(3,4-dichlorophenyl)-1methoxy-1-methylurea) and its
metabolites convertible to 3,4dichloroaniline, calculated as linuron,
in or on parsley, leaves at 0.25 ppm
upon approval of the tolerances listed
under ‘‘New Tolerance’’ for PP 2E8083.
Contact: Laura Nollen, RD, (703) 305–
7390, email address: nollen.laura@epa.
gov.
New Tolerance Exemption
PP 2E8059. (EPA–HQ–OPP–2012–
0795) Pioneer Hi-Bred International,
Inc. (DuPont Pioneer), 7100 NW 62nd
Avenue, P.O. Box 1000, Johnston, IA
50131, requests to establish an
exemption from the requirement of a
tolerance for residues of the Glycine
max herbicide-resistant acetolactate
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66783
synthase (GM–HRA) enzyme when used
as an inert ingredient as part of a plantincorporated (PIP) in or on the food and
feed commodities of soybean. The
petitioner believes no analytical method
is needed because an exemption from
the requirement of a tolerance without
numerical limitation is requested for
GM–HRA enzyme as expressed in
soybean. Contact: Susanne Cerrelli,
BBPD, (703) 308–8077, email address:
cerrelli.susanne@epa.gov.
List of Subjects
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: October 26, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. 2012–27193 Filed 11–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2012–0738; FRL- 9712–9]
RIN 2050–AG73]
National Oil and Hazardous
Substances Pollution Contingency
Plan; Revision To Increase Public
Availability of the Administrative
Record File
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to amend
the National Oil and Hazardous
Substances Pollution Contingency Plan,
to acknowledge advancements in
technologies used to manage and
convey information to the public.
Specifically, this revision will add
language to EPA regulations to broaden
the technology, to include computer
telecommunications or other electronic
means, that the lead agency is permitted
to use to make the administrative record
file available to the public. By updating
language used to describe permitted
technology, the lead agency will be able
to serve the information needs of a
broader population while maintaining
the ability to provide traditional means
of public access to the administrative
record file, such as paper copies and
microform. The lead agency should
assess the capacity and resources of the
public to utilize and maintain an
electronic- or computer
SUMMARY:
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Proposed Rules
telecommunications-based repository to
make a decision on which approach
suits a specific site.
DATES: Written comments must be
received by December 7, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2012–0738, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: superfund.docket@epa.gov.
• Fax: 202–566–9744.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center
(EPA/DC), Superfund Docket, Mailcode:
28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460. Attention Docket ID No. EPA–
HQ–SFUND–2012–0738. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2012–
0738. EPA’s policy is that all comments
received 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 information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. 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. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
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about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., 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
either electronically in
www.regulations.gov or in hard copy at
the Superfund Docket (Docket ID No.
EPA–HQ–SFUND–2012–0738). This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The
Superfund Docket telephone number is
(202) 566–0276. EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC.
For
general information, contact the
Superfund, TRI, EPCRA, RMP and Oil
Information Center at (800) 424–9346 or
TDD (800) 553–7672 (hearing impaired).
In the Washington, DC metropolitan
area, call (703) 412–9810 or TDD (703)
412–3323. For more detailed
information on specific aspects of this
final rule, contact Melissa Dreyfus at
(703) 603–8792
(dreyfus.melissa@epa.gov),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460–0002, Mail Code 5204P.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed
rule?
This document proposes to amend the
National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), to
acknowledge advancements in
technologies used to manage and
convey information to the public.
Specifically, this revision will add
language to 40 CFR 300.805(c)—
Location of the Administrative Record
File in Subpart I—Administrative
Record for Selection of Response Action
to broaden the technology, to include
computer telecommunications or other
electronic means, that the lead agency is
permitted to use to make the
administrative record file available to
the public. We have published a direct
final rule to add this language in the
‘‘Rules and Regulations’’ section of this
Federal Register because we view this
as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
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action in the preamble to the direct final
rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will timely withdraw the
direct final rule and it will not take
effect. We would address all public
comments in any subsequent final rule
based on this proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSES section of
this document.
II. What does this amendment do?
This proposed rule would amend 40
CFR 300.805(c)—Location of the
Administrative Record File in Subpart
I—Administrative Record for Selection
of Response Action of the National Oil
and Hazardous Substances Pollution
Contingency Plan, to acknowledge
advancements in technologies used to
manage and convey information to the
public. Specifically, this revision will
add language to broaden the technology,
to include computer
telecommunications or other electronic
means, that the lead agency is permitted
to use to make the administrative record
file available to the public regarding
documents that form the basis for the
selection of a response action. This
amendment does not limit the lead
agency’s ability to make the
administrative record file available to
the public in traditional forms such as
paper and microform. The lead agency
should assess the capacity and resources
of the public to utilize and maintain an
electronic- or computer
telecommunications-based repository to
make a decision on which approach
suits a specific site. Based on the
preferences of the community and the
lead agency’s assessment of the sitespecific situation, the lead agency will
determine whether to provide: (1)
Traditional forms (e.g. paper copies;
microform), (2) electronic resources, or
(3) both traditional forms and electronic
resources.
III. Statutory and Executive Order
Reviews
For a complete discussion of all of the
administrative requirements applicable
to this action, see the discussion in the
‘‘Statutory and Executive Order
Reviews’’ section to the preamble for the
direct final rule that is published in the
Rules and Regulations section of this
Federal Register.
Under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Proposed Rules
Order 13563 (76 FR 3821, January 21,
2011), this proposed action is not a
‘‘significant regulatory action’’ and is
therefore not subject to OMB review.
This action merely adds language to 40
CFR 300.805(c) of the NCP to broaden
the technology to include computer
telecommunications or other electronic
means that the lead agency is permitted
to use to make the administrative record
file available to the public. This action
will enable the lead agency to serve the
information needs of a broader
population while maintaining the
ability to provide traditional means of
public access, such as paper copies and
microform, to the administrative record
file. This action does not impose any
requirements on any entity, including
small entities. Therefore, pursuant to
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), after considering the
economic impacts of this action on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: October 26, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. 2012–26973 Filed 11–6–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2011–0002; Internal
Agency Docket Nos. FEMA–B–7759, FEMA–
B–1138 and FEMA–B–1208]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
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AGENCY:
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ACTION:
Proposed rule; correction.
On January 24, 2008,
September 27, 2010, and August 3,
2011, FEMA published proposed rules
in the Federal Register. The August 3,
2011 proposed rule contained an
erroneous table. This notice provides
corrections to that table and combines
all three notices to be used in lieu of the
information published at 73 FR 4144, 75
FR 59192 and 76 FR 46705. The table
provided here represents the flooding
sources, location of referenced
elevations, effective and modified
elevations, and communities affected for
Lafayette Parish, Louisiana, and
Incorporated Areas. Specifically, it
addresses the following flooding
sources: Acadiana Coulee, Anselm
Coulee, Bayou Carencro, Bayou Parc
Perdue, Bayou Queue De Tortue, Beau
Basin Coulee, Broadmoor Coulee,
Coulee Des Poches, Coulee Fortune
North, Coulee Fortune South, Coulee Ile
Des Cannes, Coulee Ile Des Cannes—
Lateral 1, Coulee Ile Des Cannes—
Lateral 2, Coulee Ile Des Cannes—
Lateral 3, Coulee Ile Des Cannes—
Lateral 4, Coulee Lantier, Coulee
LaSalle, Coulee Mine, Dan Dabaillion
Coulee, Darby Coulee, Edith Coulee,
Grand Avenue Coulee, Isaac Verot
Coulee, Isaac Verot Coulee—Lateral 2,
Isaac Verot Coulee—Lateral 2A, Isaac
Verot Coulee—Lateral 3, Jupiter Street
Coulee, Manor Park Coulee, Point Brule
Coulee, Vermillion River, Webb Coulee
(Lower Reach), and West Coulee Mine.
DATES: Comments are to be submitted
on or before February 5, 2013.
ADDRESSES: You may submit comments,
identified by Docket Nos. FEMA–B–
7759, FEMA–B–1138 and FEMA–B–
1208, to Luis Rodriguez, Chief,
Engineering Management Branch,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4064
or (email) luis.rodriguez3@dhs.gov.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064 or (email)
luis.rodriguez3@dhs.gov.
SUMMARY:
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66785
The
Federal Emergency Management Agency
(FEMA) publishes proposed
determinations of Base (1% annualchance) Flood Elevations (BFEs) and
modified BFEs for communities
participating in the National Flood
Insurance Program (NFIP), in
accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are minimum requirements. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These proposed elevations are used to
meet the floodplain management
requirements of the NFIP and also are
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings.
SUPPLEMENTARY INFORMATION:
Correction
In the proposed rule published 76 FR
46705, in the August 3, 2011 issue of the
Federal Register, FEMA published a
table under the authority of 44 CFR
67.4. The table entitled ‘‘Lafayette
Parish, Louisiana, and Incorporated
Areas’’ addressed the flooding sources
Anselm Coulee, Coulee Des Poches,
Coulee LaSalle, Coulee Mine, Isaac
Verot Coulee, Isaac Verot Coulee—
Lateral 2, Vermillion River, and Webb
Coulee Lower Reach. The table
contained inaccurate information as to
the location of referenced elevation and
effective and modified elevation in feet.
In addition, it did not include several
affected communities.
In this notice, FEMA is publishing a
table containing the accurate
information, to address these errors. The
information provided below should be
used in lieu of the previously published
notices for Lafayette Parish, Louisiana,
and Incorporated Areas that are
referenced in the summary.
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]]>Agencies
[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66783-66785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26973]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2012-0738; FRL- 9712-9]
RIN 2050-AG73]
National Oil and Hazardous Substances Pollution Contingency Plan;
Revision To Increase Public Availability of the Administrative Record
File
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to amend the National Oil and Hazardous
Substances Pollution Contingency Plan, to acknowledge advancements in
technologies used to manage and convey information to the public.
Specifically, this revision will add language to EPA regulations to
broaden the technology, to include computer telecommunications or other
electronic means, that the lead agency is permitted to use to make the
administrative record file available to the public. By updating
language used to describe permitted technology, the lead agency will be
able to serve the information needs of a broader population while
maintaining the ability to provide traditional means of public access
to the administrative record file, such as paper copies and microform.
The lead agency should assess the capacity and resources of the public
to utilize and maintain an electronic- or computer
[[Page 66784]]
telecommunications-based repository to make a decision on which
approach suits a specific site.
DATES: Written comments must be received by December 7, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2012-0738, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: superfund.docket@epa.gov.
Fax: 202-566-9744.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center (EPA/DC), Superfund Docket, Mailcode: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-SFUND-2012-0738. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2012-0738. EPA's policy is that all comments received 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 information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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 either electronically
in www.regulations.gov or in hard copy at the Superfund Docket (Docket
ID No. EPA-HQ-SFUND-2012-0738). This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Superfund Docket telephone number is (202) 566-0276. EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346
or TDD (800) 553-7672 (hearing impaired). In the Washington, DC
metropolitan area, call (703) 412-9810 or TDD (703) 412-3323. For more
detailed information on specific aspects of this final rule, contact
Melissa Dreyfus at (703) 603-8792 (dreyfus.melissa@epa.gov),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460-0002, Mail Code 5204P.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to amend the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), to acknowledge
advancements in technologies used to manage and convey information to
the public. Specifically, this revision will add language to 40 CFR
300.805(c)--Location of the Administrative Record File in Subpart I--
Administrative Record for Selection of Response Action to broaden the
technology, to include computer telecommunications or other electronic
means, that the lead agency is permitted to use to make the
administrative record file available to the public. We have published a
direct final rule to add this language in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will timely
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. What does this amendment do?
This proposed rule would amend 40 CFR 300.805(c)--Location of the
Administrative Record File in Subpart I--Administrative Record for
Selection of Response Action of the National Oil and Hazardous
Substances Pollution Contingency Plan, to acknowledge advancements in
technologies used to manage and convey information to the public.
Specifically, this revision will add language to broaden the
technology, to include computer telecommunications or other electronic
means, that the lead agency is permitted to use to make the
administrative record file available to the public regarding documents
that form the basis for the selection of a response action. This
amendment does not limit the lead agency's ability to make the
administrative record file available to the public in traditional forms
such as paper and microform. The lead agency should assess the capacity
and resources of the public to utilize and maintain an electronic- or
computer telecommunications-based repository to make a decision on
which approach suits a specific site. Based on the preferences of the
community and the lead agency's assessment of the site-specific
situation, the lead agency will determine whether to provide: (1)
Traditional forms (e.g. paper copies; microform), (2) electronic
resources, or (3) both traditional forms and electronic resources.
III. Statutory and Executive Order Reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the discussion in the ``Statutory and
Executive Order Reviews'' section to the preamble for the direct final
rule that is published in the Rules and Regulations section of this
Federal Register.
Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive
[[Page 66785]]
Order 13563 (76 FR 3821, January 21, 2011), this proposed action is not
a ``significant regulatory action'' and is therefore not subject to OMB
review. This action merely adds language to 40 CFR 300.805(c) of the
NCP to broaden the technology to include computer telecommunications or
other electronic means that the lead agency is permitted to use to make
the administrative record file available to the public. This action
will enable the lead agency to serve the information needs of a broader
population while maintaining the ability to provide traditional means
of public access, such as paper copies and microform, to the
administrative record file. This action does not impose any
requirements on any entity, including small entities. Therefore,
pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
after considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: October 26, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2012-26973 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P
