Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58323

implemented at the Love Canal site and 

that no further response actions, other 

than operation, maintenance, and 

monitoring, are required. In addition, 

EPA and NYSDEC have determined that 

the remedial action taken at the Love 

Canal site is protective of public health 

and the environment and that the 

operation, monitoring, and maintenance 

of such remedial action will confirm 

that it continues to be protective of 

public health and the environment. 

Even though the Love Canal site will 

be deleted from the NPL, these ongoing 

monitoring activities will ensure 

NYSDEC and EPA involvement during 

the annual monitoring of the Love Canal 

site conditions, as well as the annual 

review of existing institutional controls.

DATES: Effective, September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Damian J. Duda, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region II, 290 Broadway, 20th 

Floor, New York, New York 10007–

1866, (212) 637–4269.

SUPPLEMENTARY INFORMATION: To be 

deleted from the NPL is: the Love Canal 

Superfund site, City of Niagara Falls, 

Niagara County, New York. A Notice of 

Intent to Delete for the Love Canal site 

was published in the Federal Register

on March 17, 2004. The closing date for 

comments on the Notice of Intent to 

Delete was April 16, 2004. 

EPA received comments, including 

the two major comments discussed 

below, on the proposed deletion and 

addressed these comments in a 

Responsiveness Summary. Several 

commenters expressed concern that the 

wastes that were originally disposed of 

in the Love Canal landfill have not been 

removed. The containment, leachate 

collection, and treatment and 

monitoring remedy at the Site was 

selected consistent with the 

requirements of the Federal Superfund 

law. Excavation and removal of 

hazardous materials from landfills can 

potentially create more contaminant 

exposure to human health and the 

environment than a containment 

remedy. Moreover the large volumes of 

contaminated soils from an excavated 

landfill must be treated and redisposed 

of at other secure hazardous waste 

facilities, requiring either utilization of 

limited existing landfill capacity or the 

creation of new landfills to 

accommodate the excavated waste from 

old landfills. The excavated landfill 

requires filling with clean backfill 

materials and still must be subject to 

engineering controls due to residual 

contamination that could not 

practicably be removed. For these 

reasons, EPA developed a presumptive 

remedy for large landfills consisting of 

containment through capping and 

leachate collection and treatment. The 

Love Canal site remedy is a permanent 

remedy that is consistent with the 

requirements of the Superfund law. 

Several commenters were also 

concerned that the deletion of the Love 

Canal site from the NPL would imply 

that EPA will not have any further 

involvement at the Love Canal site and 

that, if there were to be a need for 

further Superfund response at the Love 

Canal site, such a response could not be 

provided since the Love Canal site 

would no longer be on the NPL. EPA 

confirmed in the Responsiveness 

Summary that its responsibility for the 

Love Canal site does not cease after the 

deletion from the NPL.

The NCP (40 CFR 300.425 (e)) states 

that a site that is deleted from the NPL 

is eligible for further fund-financed 

remedial actions should future 

conditions warrant such action. A 

Superfund site can be deleted from the 

NPL when one of the following criteria, 

as identified in the NCP (40 CFR 

300.425(e)), is met. These criteria are as 

follows: (1) Responsible or other parties 

have implemented all appropriate 

response actions required; (2) all 

appropriate Fund-financed response 

under CERCLA has been implemented 

and no further response action by 

responsible parties is appropriate; or, (3) 

the remedial investigation has shown 

that the release poses no significant 

threat to human health or the 

environment, and therefore, taking 

remedial measures is not appropriate. In 

the case of the Love Canal site, the first 

two criteria have been met. The third 

criterion is not applicable, since 

remedial measures were taken. 

All of the comments received and 

EPA’s responses are contained in the 

Responsiveness Summary, a copy of 

which is available at the EPA Public 

Information Office, Niagara Falls, New 

York at (716) 285–8842. The 

Responsiveness Summary is also 

available in the Administrative Record 

File, located in the EPA Regional Office. 

As part of EPA’s policy for Superfund 

sites where the remedy will result in 

substances remaining on-site above 

health-based levels that would allow for 

unrestricted use or unlimited exposure, 

EPA conducts five-year reviews to 

confirm that the remedy continues to 

adequately protect human health and 

the environment. In the case of the Love 

Canal site, the institutional controls in 

place do not allow for unrestricted use 

or unlimited exposure. In September 

2003, EPA issued the first five-year 

review report for the Love Canal site 

operations. NYSDEC provided technical 

oversight for the preparation of EPA’s 

five-year review report and concurred 

with EPA’s findings that the 

containment and barrier drain system 

were working properly. EPA concludes 

that the Site does not pose a significant 

threat to public health or the 

environment. 

EPA identifies sites that appear to 

present a significant risk to public 

health or the environment, and it 

maintains the NPL as the list of those 

sites. As described in § 300.425(e)(3) of 

the NCP, any site or portion thereof 

deleted from the NPL remains eligible 

for remedial actions in the unlikely 

event that conditions at the site warrant 

such action in the future. Deletion of a 

site from the NPL does not affect 

potentially responsible party liability or 

impede agency efforts to recover costs 

associated with response efforts.

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution controls, Chemicals, 

Hazardous substances, Hazardous 

waste, Intergovernmental relations, 

Penalties, Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.

Dated: September 23, 2004. 

Jane M. Kenny, 

Regional Administrator—Region II.

■ For the reasons set out in the preamble, 

Part 300, Chapter I of Title 40 of the Code 

of Federal Regulations, is amended as 

follows:

PART 300—[AMENDED]

■ 1. The authority citation for part 300 

continues to read as follows:

Authority: 42 U.S.C. 9601–9675; 33 U.S.C. 

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR., 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the site for 

‘‘Love Canal, Niagara Falls, New York.’’

[FR Doc. 04–21806 Filed 9–29–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

43 CFR Part 2 

RIN 1090–AA61 

Revision of the Freedom of Information 

Act Regulations and Implementation of 

the Electronic Freedom of Information 

Act Amendments of 1996

AGENCY: Department of the Interior.

58324 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

ACTION: Final Rule; correcting 

amendments. 

SUMMARY: In the October 21, 2002, 

Federal Register, the Department of the 

Interior (DOI) revised its regulations 

implementing the Freedom of 

Information Act (FOIA). This 

amendment adds four offices under the 

Office of Hearings and Appeals (OHA) 

that were inadvertently omitted in 

Appendix A, which provides a list of 

the Department’s FOIA resources. This 

amendment also adds the requirement 

that bureaus notify requesters of their 

appeal rights when referring documents 

to another agency for a release 

determination, which was inadvertently 

omitted from section 2.22(b)(2), and 

makes several other editorial changes.

DATES: Effective on September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Alexandra Mallus, Departmental FOIA 

Officer, Office of the Chief Information 

Officer, 1849 C Street, NW., MS–5312–

MIB, Washington, DC 20240, telephone 

202–208–5342.

SUPPLEMENTARY INFORMATION: The 

Department of the Interior published a 

final rule in the Federal Register on 

October 21, 2002, revising its 

regulations implementing the FOIA, 43 

CFR Part 2. Four offices under the OHA 

were inadvertently omitted in Appendix 

A and the addresses for OHA’s reading 

rooms located in Arlington, Virginia, 

and the Minnesota State Office, as well 

as the telephone number for the New 

Mexico State Office, were incorrect. The 

Arizona, Montana, North Dakota, and 

South Dakota State Offices have been 

added to Appendix A and the abovecited addresses and telephone number 

have now been corrected. Appendix A 

also has been updated to reflect other 

changes in the contact information that 

have occurred since October 21, 2002. 

When the regulations were published 

in October 2002, the reference to OMB 

Circular A–110 in § 2.25 was 

inadvertently omitted. A correction has 

been made to clarify that, in accordance 

with OMB Circular A–110, the 

requirements of § 2.25 apply only to 

grants and Federal assistance awarded 

to institutions of higher education, 

public and private hospitals, and other 

quasi-public and private nonprofit 

organizations. They do not apply to 

those entities covered by OMB Circular 

A–102. 

In addition, in § 2.22(b)(2), the 

requirement that bureaus notify 

requesters of their appeal rights when 

referring documents located in DOI’s 

files to another agency for a release 

determination was inadvertently 

omitted. Section 2.22(b)(2) has been 

revised to include this requirement. 

Also, in § 2.17(c), the table summarizing 

the chargeable fees for each category of 

requester is being reprinted for clarity. 

Editorial changes have been made in 

§§ 2.18 and 2.23 to correct the 

references cited and typographical 

errors. 

Administrative Procedure Act 

This rule updates the Code of Federal 

Regulations to include accurate 

information about how to file requests 

under the FOIA. Because this rule 

corrects errors and omissions from the 

rule as originally published, and 

because this rule makes no substantive 

changes to the existing requirements, 

publishing a proposed rule and 

requesting public comments would 

delay public access to accurate 

information. Likewise, delaying the 

effective date would postpone public 

access to accurate information without 

serving any higher purpose. For these 

reasons, we find that: 

(1) Notice and public comment on 

these corrections are impracticable, 

unnecessary, and contrary to the public 

interest. As allowed by 5 U.S.C. 553(b), 

we are not publishing a proposed rule.

(2) Good cause exists for making this 

rule effective immediately upon 

publication under 5 U.S.C. 553(d)(3).

List of Subjects in 43 CFR Part 2

Administrative practice and 

procedure, Classified information, 

Courts, Freedom of information, 

Government employees, Privacy.

■ For the reasons set forth in the 

preamble, the Department is amending 

43 CFR Part 2 as set forth below:

PART 2—RECORDS AND TESTIMONY: 

FREEDOM OF INFORMATION ACT

■ 1. The authority citation for Part 2 

continues to read as follows:

Authority: 5 U.S.C. 301, 552 and 552a; 31 

U.S.C. 9701 and 43 U.S.C. 1460–1461. 

Appendix F to Part 2 also is issued under 30 

U.S.C. 201–209; 30 U.S.C. 351–360.

■ 2. In paragraph (c) of § 2.17, the table 

is revised to read as follows:

§ 2.17 How will my requester category 

affect the fees that I am charged?

* * * * *

(c) * * *

Category Search fees Review fees Duplication fees 

Commercial Use ...................................................................................... Yes ............................ Yes ............................ Yes. 

Educational Institution .............................................................................. No .............................. No .............................. Yes (100 pages free). 

Non-Commercial Sciencific Institution ..................................................... No .............................. No .............................. Yes (100 pages free). 

News Media ............................................................................................. No .............................. No .............................. Yes (100 pages free). 

All other .................................................................................................... Yes (2 hours free) ..... No .............................. Yes (100 pages free). 

* * * * *

■ 3. In § 2.18, paragraph (g) is revised to 

read as follows:

§ 2.18 How are fees assessed and 

collected?

* * * * *

(g) Failure to pay fees. The bill for 

collection or the response letter will 

include a statement that interest will be 

charged in accordance with 31 U.S.C. 

3717 and implementing regulations, if 

the fees are not paid within 30 calendar 

days of the date of the bill. This 

requirement does not apply if the 

requester is a State, local, or tribal 

government. The Debt Collection 

Improvement Act of 1996 will be used, 

as appropriate, to collect the fees (see 

Public Law 104–134).

* * * * *

■ 4. In § 2.22, paragraph (b)(2) 

introductory text is revised to read as 

follows:

§ 2.22 What happens if a bureau receives 

a request for records it does not have or did 

not create?

* * * * *

(b) * * *

(2) If, in response to a request, a 

bureau locates documents that 

originated with another Federal agency, 

it will refer the request, along with any 

responsive document(s), to that agency 

for a release determination and direct 

response. If the bureau refers the 

documents to another agency, it will 

notify you of the referral in writing and 

provide the name of a contact at the 

other agency. You may treat such a 

response as a denial of records and file 

an appeal. However, in the following 

situations, the bureau will make the 

release determination, after consulting 

with the originating agency.

* * * * *

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58325

■ 5. In § 2.23, paragraphs (d) and (e)(3) 

are revised to read as follows:

§ 2.23 How will a bureau handle a request 

for commercial or financial information that 

it has obtained from a person or entity 

outside the Federal Government?

* * * * *

(d) Whenever a bureau notifies a 

submitter that it may be required to 

disclose information in response to a 

FOIA request, the bureau also will 

notify you that it is giving the submitter 

an opportunity to review and comment 

on the material.

(e) * * *

(3) If not already provided, a 

telephone number (where the submitter 

can be reached during normal business 

hours), an e-mail address, and a fax 

number (if available) is important 

information that will help the bureau or 

Department communicate with the 

submitter.

* * * * *

■ 6. The introductory text of § 2.25 is 

revised to read as follows:

§ 2.25 How will a bureau handle a request 

for Federally-funded research data in the 

possession of a private entity? 

In accordance with OMB Circular A–

110, when published research findings 

are produced under a grant or other 

Federal assistance awarded to 

institutions of higher education, public 

and private hospitals, and other quasipublic and private nonprofit 

organizations, and the findings are used 

by a bureau in developing an agency 

action, e.g., a policy or regulation, 

research data related to such findings 

are considered agency records. This 

applies even if the bureau’s data are in 

the possession of the recipient of the 

Federal financial assistance (recipient).

* * * * *

■ 7. Appendix A is revised to read as 

follows:

Appendix A to Part 2—Department of 

the Interior FOIA/Public Affairs 

Contacts and Reading Rooms 

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Note: For more information on FOIA, 

including the most current listing of FOIA 

Contacts, visit DOI’s FOIA home page at 

http://www.doi.gov/foia/.

Dated: September 21, 2004. 

P. Lynn Scarlett, 

Assistant Secretary—Policy, Management 

and Budget.

[FR Doc. 04–21789 Filed 9–29–04; 8:45 am] 

BILLING CODE 4310–RK–C

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7847] 

Suspension of Community Eligibility

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

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 suspended 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 be withdrawn 

by publication in the Federal Register.

DATES: Effective Dates: The effective 

date of each community’s suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables.

ADDRESSES: If you wish to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA Regional 

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Mike Grimm, Mitigation Division, 500 C 

Street, SW., Room 412, Washington, DC 

20472, (202) 646–2878.

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 

National Flood Insurance Program, 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 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities 

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in these 

communities by publishing a Flood 

Insurance Rate Map (FIRM). The date of 

the FIRM if one has been published, is 

indicated in the fourth column of the 

table. No direct Federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may legally be 

provided for construction or acquisition 

of buildings in the identified special 

flood hazard area of communities not 

participating in the NFIP and identified 

for more than a year, on the Federal 

Emergency Management Agency’s 

initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because communities 

listed in this final rule have been 

adequately notified. 

Each community receives a 6-month, 

90-day, and 30-day notification 

addressed to the Chief Executive Officer 

that the community will be suspended 

unless the required floodplain 

management measures are met prior to 

the effective suspension date. Since 

these notifications have been made, this 

final rule may take effect within less 

than 30 days. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

they take remedial action.

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive 

Order 12612, Federalism, October 26, 

1987, 3 CFR, 1987 Comp.; p. 252. 

Executive Order 12778, Civil Justice 

Reform. This rule meets the applicable 

standards of section 2(b)(2) of Executive 

Order 12778, October 25, 1991, 56 FR 

55195, 3 CFR, 1991 Comp.; p. 309.

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains.

■ Accordingly, 44 CFR part 64 is 

amended as follows:

PART 64—[AMENDED]

■ 1. The authority citation for Part 64 

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376.

§ 64.6 [Amended]

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: