Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules 27621 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

4. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and have determined that it does 

not have implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

8. Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

9. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

10. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

11. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes 

(make sure we send NPRM to local 

Tribe). 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply amends the operating 

regulations or procedures for 

drawbridges. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. In § 117.1041, revise the section 

heading and paragraph (a)(2) to read as 

follows: 

§ 117.1041 Drawbridge Operation 

Regulation; Duwamish River; Seattle, WA. 

(a) * * * 

(2) The draw of the South Park Bridge, 

mile 3.8, need not be opened for the 

passage of vessels from 6:00 a.m. to 9:00 

a.m. and from 3:00 p.m. to 6:00 p.m., 

Monday through Friday except, Federal 

holidays, other than Columbus Day. 

* * * * * 

Dated: April 29, 2015. 

R.T. Gromlich, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2015–11677 Filed 5–13–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2005–0049; FRL–9927–40] 

Lead; Renovation, Repair and Painting 

Program; Lead Test Kit Stakeholder 

Meeting; Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
27622 Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules 

ACTION: Notice of meeting. 

SUMMARY: On April 22, 2008, EPA 

published the Lead Renovation, Repair 

and Painting (RRP) rule, which 

established performance recognition 

criteria for lead test kits for use as an 

option to determine if regulated leadbased paint is not present in target 

housing and child-occupied facilities. 

The use of an EPA-recognized lead test 

kit, when used by a trained professional, 

can reliably determine that regulated 

lead-based paint is not present by virtue 

of a negative result. The RRP rule also 

established negative-response and 

positive-response criteria outlined in 

the CFR for lead test kits recognized by 

EPA. This document announces EPA’s 

plan to hold a meeting for interested 

stakeholders and the public on 

Thursday, June 4, 2015. At the meeting, 

EPA is seeking information related to: 

The existing market for lead test kits as 

referenced in the 2008 RRP rule; the 

development or modification of lead test 

kit(s) that may meet EPA’s positiveresponse criterion (in addition to the 

negative-response criterion); and other 

alternatives for lead-based paint field 

testing. 

DATES: The meeting will be held on 

Thursday, June 4, 2015 from 10 a.m. to 

12 p.m. 

Requests to attend the meeting should 

be sent to the Agency’s lead information 

Contact Us form at http://

www2.epa.gov/lead/forms/contact-us or 

the technical information points of 

contact under FOR FURTHER INFORMATION

CONTACT. Upon request, Web and 

telephone conferencing information will 

be provided for those who wish to 

attend the meeting remotely. RSVP 

responses confirming attendance to the 

meeting either in person or remotely 

should be sent to the Agency’s lead 

information Contact Us form at http://

www2.epa.gov/lead/forms/contact-us or 

the technical persons listed under FOR

FURTHER INFORMATION CONTACT on or 

before May 26, 2015. Requests to share 

information on the related topics at the 

meeting should be sent to the Agency’s 

lead information Contact Us form at 

http://www2.epa.gov/lead/forms/

contact-us or the technical persons 

listed under FOR FURTHER INFORMATION

CONTACT on or before May 26, 2015. 

Additionally, registered participants 

who wish to provide responses to the 

requested lead test kit topics during the 

meeting should notify the Agency via 

EPA’s lead information Contact Us form 

at http://www2.epa.gov/lead/forms/

contact-us or the technical persons 

listed under FOR FURTHER INFORMATION

CONTACT on or before May 26, 2015. 

To request accommodation of a 

disability, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT, preferably by 

May 26, 2015, to give EPA as much time 

as possible to process your request. 

ADDRESSES: The meeting will be held at 

EPA William Jefferson Clinton East 

Building, 1201 Constitution Ave. NW., 

Washington, DC 20004. 

Meeting participants and other 

interested parties who wish to respond 

in writing to the requested lead test kit 

topics outlined above, as well as the 

forthcoming Information Docket, may 

submit written materials identified by 

docket identification (ID) number EPA– 

HQ–OPPT–2005–0049, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, are available at 

http://www.epa.gov/dockets. The docket 

for this action will remain open until 

July 6, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Christina 

Wadlington, National Program 

Chemicals Division (7404M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

566–1859; email address: 

wadlington.christina@epa.gov or Toiya 

Goodlow, National Program Chemicals 

Division (7404M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (202) 566–2305; 

email address: goodlow.toiya@epa.gov. 

For general information contact: The 

National Lead Information Center, 

ABVI-Goodwill, 422 South Clinton 

Ave., Rochester, NY 14620; telephone 

number: 1–800–424 –LEAD (5323); 

online information request form: 

http://www2.epa.gov/lead/forms/leadhotline-national-lead-informationcenter. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This document is directed to 

stakeholders that develop, manufacture 

and/or sell lead test kits or other leadbased paint field testing instruments. 

You may be potentially affected by this 

action if you manufacture or sell lead 

test kits, or if you use lead test kits to 

determine if lead-safe work practices are 

required under the RRP rule to perform 

renovations for compensation in target 

housing or child-occupied facilities. 

Examples of child-occupied facilities 

are day-care centers, preschools, and 

kindergarten classrooms. 

B. How can I get copies of this document 

and other related information? 

The docket for this action, identified 

by docket ID number EPA–HQ–OPPT– 

2005–0049, is available at http://

www.regulations.gov or at the Office of 

Pollution Prevention and Toxics Docket 

(OPPT Docket), Environmental 

Protection Agency Docket Center (EPA/ 

DC), EPA William Jefferson Clinton 

West Building, Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004. 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 OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. EPA 

will provide further information 

regarding topics to be discussed at the 

meeting in an Information Document to 

registered participants. That information 

also will be posted on www2.epa.gov/

lead and placed in the docket for this 

action. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules 27623 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify this document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. Follow the 

detailed instructions as provided under 

ADDRESSES. Respond to specific 

questions posed by the Agency. 

iii. Explain why you agree or disagree; 

suggest alternatives. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced by the 

Agency and others. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified in this document. 

II. Background 

In the Federal Register of April 22, 

2008 (73 FR 21692) (FRL–8355–7), EPA 

published the Lead-Based Paint 

Renovation, Repair and Painting rule, 

which requires contractors to use leadsafe work practices during renovation, 

repair, and painting activities that 

disturb lead-based paint in target 

housing and child-occupied facilities 

built before 1978 unless a determination 

can be made that no lead-based paint 

would be disturbed during the 

renovation or repair. The use of an EPArecognized lead test kit, when used by 

a trained professional, can reliably 

determine that regulated lead-based 

paint is not present by virtue of a 

negative result. The federal standards 

for lead-based paint in target housing 

and child-occupied facilities is a lead 

content in paint that equals or exceeds 

a level of 1.0 milligram per square 

centimeter (mg/cm2) or 0.5 percent by 

weight. If regulated lead-based paint is 

not present, there is no requirement to 

employ lead-safe work practices under 

the RRP rule. 

The RRP rule established negativeresponse and positive-response criteria 

outlined in 40 CFR 745.88(c) for lead 

test kits recognized by EPA. Lead test 

kits recognized before September 1, 

2010 must meet only the negativeresponse criterion outlined in 40 CFR 

745.88(c)(1). The negative-response 

criterion states that for paint containing 

lead at or above the regulated level, 1.0 

mg/cm2 or 0.5 percent by weight, a 

demonstrated probability (with 95% 

confidence) of a negative response less 

than or equal to 5 percent of the time 

must be met. The recognition of kits that 

meet only this criterion will last until 

EPA publicizes its recognition of the 

first test kit that meets both of the 

criteria outlined in the rule. 

Lead test kits recognized after 

September 1, 2010 must meet both the 

negative-response and positive-response 

criteria outlined in 40 CFR 745.88(c)(1)– 

(2). The positive-response criterion 

states that for paint containing lead 

below the regulated level, 1.0 mg/cm2 or 

0.5% by weight, a demonstrated 

probability (with 95% confidence) of a 

positive response less than or equal to 

10% of the time must be met. 

Qualitatively speaking, lead test kits 

recognized by EPA should also serve as 

a quick, inexpensive, reliable, and easy 

to perform option for lead-based paint 

testing in the field. 

Despite the EPA’s commitment of 

resources to this effort, to date no test 

kit has met both of the performance 

criteria outlined in the RRP rule. 

However, there are two EPA-recognized 

test kits commercially available 

nationwide that meet the false-negative 

criterion and continue to be recognized 

by EPA. Therefore, in an effort to 

understand the current state of the 

science for lead test kits and lead-based 

paint field testing alternatives, as well 

as the existing market and potential 

availability of additional test kits, EPA 

is soliciting input from relevant 

stakeholders. EPA is convening a 

meeting and webinar for interested 

stakeholders and the public on 

Thursday, June 4, 2015 to seek 

information related to: (1) The existing 

market for lead test kits as referenced in 

the 2008 RRP rule; (2) the development 

or modification of lead test kit(s) that 

may meet EPA’s positive-response 

criterion (in addition to the negativeresponse criterion); and (3) other 

alternatives for lead-based paint field 

testing. EPA will provide further 

information regarding topics to be 

discussed at the meeting in an 

Information Document to be posted on 

www2.epa.gov/lead and placed in the 

docket for this action. Meeting 

participants and other interested parties 

who wish to respond in writing to the 

requested lead test kit topics outlined 

above, as well as the forthcoming 

Information Docket, may submit written 

materials to the docket until July 6, 

2015. 

III. References 

As indicated under ADDRESSES, a 

docket has been established for this 

rulemaking under docket ID number 

EPA–HQ–OPPT–2005–0049. The docket 

includes this document and other 

information. 

EPA. Lead; Renovation, Repair, and Painting 

Program; Final Rule. Federal Register, 

April 22, 2008 (73 FR 21692) (FRL– 

8355–7). 

Authority: 15 U.S.C. 2601 et seq. 

Dated: May 8, 2015. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2015–11669 Filed 5–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[156D0102DM/DS10700000/

DMSN00000.000000/DX.10701.CEN00000] 

RIN 1090–AB10 

Privacy Act Regulations 

AGENCY: Office of the Secretary, Interior. 

ACTION: Proposed rule. 

SUMMARY: The Department of the 

Interior is proposing to amend its 

regulations to exempt certain records in 

the Indian Arts and Crafts Board system 

of records from one or more provisions 

of the Privacy Act because of criminal, 

civil, and administrative law 

enforcement requirements. 

DATES: Submit written comments on or 

before July 13, 2015. 

ADDRESSES: Send written comments, 

identified by RIN number 1090–AB10, 

by one of the following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Teri Barnett, Departmental 

Privacy Officer, U.S. Department of the 

Interior, 1849 C Street NW., Mail Stop 

5547 MIB, Washington, DC 20240. 

• Email: Teri Barnett, Departmental 

Privacy Officer, U.S. Department of the 

Interior, Privacy@ios.doi.gov. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW., Mail Stop 5547 MIB, 

Washington, DC 20240. Email at 

Privacy@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK3SPTVN1PROD with PROPOSALS