National Oil and Hazardous Substances Pollution Contingency Plan; Revision To Increase Public Availability of the Administrative Record File, 66783-66785 [2012-26973]

Download as PDF pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 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- VerDate Mar<15>2010 15:18 Nov 06, 2012 Jkt 229001 (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 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 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: E:\FR\FM\07NOP1.SGM 07NOP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 66784 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 VerDate Mar<15>2010 15:18 Nov 06, 2012 Jkt 229001 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 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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 E:\FR\FM\07NOP1.SGM 07NOP1 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. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 AGENCY: VerDate Mar<15>2010 15:18 Nov 06, 2012 Jkt 229001 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: PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 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. E:\FR\FM\07NOP1.SGM 07NOP1

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
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