Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9665 

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[FR Doc. 2011–3858 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 302 

[EPA–HQ–SFUND–2010–1068; FRL–9268–8] 

Designation, Reportable Quantities, 

and Notification; Notification 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is issuing a technical 

amendment to correct telephone and 

facsimile numbers used to immediately 

notify the National Response Center. 

EPA issued a final rule in the Federal 

Register on April 4, 1985, that provided 

telephone numbers for any person in 

charge of a vessel or an offshore or an 

onshore facility to use as soon as he or 

she has knowledge of any release (other 

than a federally permitted release or 

application of a pesticide) for the 

immediate notification to the National 

Response Center when there is a release 

of a hazardous substance from a vessel 

or facility in a quantity equal to or 

exceeding the reportable quantity in any 

24-hour period. On July 9, 2002, EPA 

issued another final rule in the Federal 

Register that provided an additional 

telephone number, a facsimile number, 

and a telex number for the National 

Response Center. Recently, changes 

were made to these numbers by the 

National Response Center that is 

operated by the U.S. Coast Guard. This 

document is being issued to delete one 

of the telephone numbers, the facsimile 

number, and the telex number, and to 

provide a new facsimile number. 

DATES: This final rule is effective on 

February 22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2010–1068. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Superfund Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

Superfund Docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Beasley, Regulation and Policy 

Development Division, Office of 

Emergency Management (5104A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–1965; fax number: (202) 564–2625; 

e-mail address: beasley.lynn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Type of entity Examples of affected entities 

Federal Agencies ...................................................................................... National Response Center and any Federal agency that may release 

or respond to releases of hazardous substances. 

State and Local Governments .................................................................. State Emergency Response Commissions, and Local Emergency Planning Committees. 

Responsible Parties .................................................................................. Those entities responsible for the release of a hazardous substance 

from a vessel or facility. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I get copies of this document 

and other related information? 

The current information is as follows: 

• Docket ID No. EPA–HQ–SFUND– 

2010–1068. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

II. What does this correction do? 

This technical amendment is a 

correction that is being issued to delete 

one of the telephone numbers, the 

facsimile number, and the telex number, 

and to provide a new facsimile number 

for the person in charge of a vessel or 

an offshore or an onshore facility to use 

to contact the National Response Center 

(NRC). The NRC is operated by the U.S. 

Coast Guard. 

On April 4, 1985, (50 FR 13456) EPA 

issued a final rule in the Federal 

Register that provided telephone 

numbers for any person in charge of a 

vessel or an offshore or an onshore 

facility to use as soon as he or she has 

knowledge of any release (other than a 

federally permitted release or 

application of a pesticide) for the 

immediate notification to the NRC when 

there is a release of a hazardous 

substance from a vessel or facility in a 

quantity equal to or exceeding the 

reportable quantity in any 24-hour 

period (see 40 CFR 302.6(a)). On July 9, 

2002, EPA issued another final rule in 

the Federal Register that provided an 

additional telephone number, a 

facsimile number, and a telex number 

for the NRC. Recently, changes were 

made to these numbers. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because EPA 

is merely correcting information that 

has become out of date since the 

previously published final rule. The 

contact information for the NRC listed 

in 40 CFR 302.6 is no longer correct. 

Because the NRC receives notifications 

of hazardous substance release 

information, it is important that the 

public has the correct information to 

make such notifications. EPA finds that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

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9666 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

IV. Do any of the statutory and 

Executive Order reviews apply to this 

action? 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this action is not subject to 

notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.) or Sections 202 

and 205 of the Unfunded Mandates 

Reform Act of 1999 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments. This action does not 

create new binding legal requirements 

that substantially and directly affect 

Tribes under Executive Order 13175 (63 

FR 67249, November 9, 2000). This 

action does not have significant 

Federalism implications under 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 

et seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

A. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of February 

22, 2011. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 302 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: February 11, 2011. 

Barry Breen, 

Acting Assistant Administrator, Office of 

Solid Waste and Emergency Response. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

■ 1. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

■ 2. Section 302.6 is amended by 

revising paragraph (a) to read as follows: 

§ 302.6 Notification requirements. 

(a) Any person in charge of a vessel 

or an offshore or an onshore facility 

shall, as soon as he or she has 

knowledge of any release (other than a 

federally permitted release or 

application of a pesticide) of a 

hazardous substance from such vessel or 

facility in a quantity equal to or 

exceeding the reportable quantity 

determined by this part in any 24-hour 

period, immediately notify the National 

Response Center (1–800–424–8802; in 

Washington, DC 202–267–2675; the 

facsimile number is 202–267–1322). 

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[FR Doc. 2011–3872 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8169] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

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