This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

65840 

Vol. 77, No. 211 

Wednesday, October 31, 2012 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0001] 

RIN 0579–AD67 

Chrysanthemum White Rust 

Regulatory Status and Restrictions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Advance notice of proposed 

rulemaking; reopening of comment 

period. 

SUMMARY: We are reopening the 

comment period for our advance notice 

of proposed rulemaking that solicits 

public comment on whether and how 

we should amend our process for 

responding to domestic chrysanthemum 

white rust (CWR) outbreaks and the 

importation of plant material that is a 

host of CWR. This action will allow 

interested persons additional time to 

prepare and submit comments. 

DATES: We will consider all comments 

that we receive on or before November 

30, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0001- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0001, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0001 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, National Program 

Manager, Pest Management, PPQ, 

APHIS, 4700 River Road Unit 137, 

Riverdale, MD 20737; (301) 851–2286. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 3, 2012, we published in 

the Federal Register (77 FR 46339– 

46340, Docket No. APHIS–2012–0001), 

an advance notice of proposed 

rulemaking (ANPR) to solicit public 

comment on whether and how we 

should amend our process for 

responding to domestic chrysanthemum 

white rust (CWR) outbreaks and the 

importation of plant material that is a 

host of CWR. CWR is an economically 

important disease in both field-grown 

and greenhouse-grown chrysanthemum 

plants, as well as cut flower production. 

The ANPR specifically asks for 

comments regarding four options under 

consideration. These options are: 

Continuing to manage CWR as a 

quarantine pest with the objective of 

continuing to eradicate new 

infestations; revising the current 

regulations to designate CWR as a 

regulated non-quarantine pest; no longer 

managing CWR as a quarantine pest 

whose presence requires an eradicationoriented response, but maintaining port 

of entry restrictions for 

chrysanthemums destined to those 

States where CWR is not present and 

where these States have established an 

official control program under the 

Federally Recognized State-Managed 

Phytosanitary Program; or completely 

removing CWR as a quarantine pest 

whose presence requires an eradicationoriented response. 

Comments on the ANPR were 

required to be received on or before 

October 2, 2012. We are reopening the 

comment period on Docket No. APHIS– 

2012–0001 for an additional 30 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments. We will also accept 

comments received between October 3, 

2012 (the day after the close of the 

original comment period) and the date 

of this notice. 

Authority: 7 U.S.C. 450 and 7 U.S.C. 7701– 

7772 and 7781–7786; 21 U.S.C. 136 and 136a; 

7 CFR 2.22, 2.80, and 371.2(c). 

Done in Washington, DC, this 25th day of 

October 2012. 

Peter Fernandez, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–26730 Filed 10–30–12; 8:45 am] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9, 63, 80, 85, 86, 122, 123, 

and 412 

[EPA–HQ–OAR–2012–0313; EPA–HQ–OAR– 

2012–0816; EPA–HQ–OW–2012–0813; FRL– 

9747–7] 

Section 610 Reviews of Heavy-Duty 

Engine and Vehicle Standards and 

Highway Diesel Fuel Sulfur Control 

Requirements; NESHAP: Reinforced 

Plastic Composites Production; and 

NPDES Permit Regulation and Effluent 

Limitations Guidelines Standards for 

Concentrated Animal Feeding 

Operations (CAFOs) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for comments on three 

Regulatory Flexibility Act section 610 

Reviews. 

SUMMARY: This notice announces that 

EPA will review three regulatory actions 

pursuant to section 610 of the 

Regulatory Flexibility Act. Those three 

actions are: Heavy-Duty Engine and 

Vehicle Standards and Highway Diesel 

Fuel Sulfur Control Requirements 

(Heavy-Duty 610 Review); NESHAP: 

Reinforced Plastic Composites 

Production (Plastics 610 Review); and 

NPDES Permit Regulation and Effluent 

Limitations Guidelines Standards for 

CAFOs (CAFO 610 Review). As part of 

this review, EPA will consider and 

solicit comments on the following 

factors: The continued need for the 

rules; the nature of complaints or 

comments received concerning the 

rules; the complexity of the rules; the 

extent to which the rules overlap, 

duplicate, or conflict with other Federal, 

State, or local government rules; and the 

degree to which the technology, 

economic conditions or other factors 

have changed in areas affected by the 

rules. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Proposed Rules 65841 

DATES: Comments must be received on 

or before December 31, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0313 (for the Heavy-Duty 

610 Review), Docket ID No. EPA–HQ– 

OAR–2012–0816 (for the Plastics 610 

Review), or Docket ID No. EPA–HQ– 

OW–2012–0813 (for the CAFO 610 

Review), by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: rfa-sbrefa@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Docket ID No. EPA–HQ– 

OAR–2012–0313 (for the Heavy Duty 

610 Review), Docket ID No. EPA–HQ– 

OAR–2012–0816 (for the Plastics 610 

Review), or Docket ID No. EPA–HQ– 

OW–2012–0813 (for the CAFO 610 

Review); Environmental Protection 

Agency, EPA Docket Center, Mail code 

28221T, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: Docket ID No. EPA– 

HQ–OAR–2012–0313 (for the Heavy 

Duty 610 Review), Docket ID No. EPA– 

HQ–OAR–2012–0816 (for the Plastics 

610 Review), or Docket ID No. EPA– 

HQ–OW–2012–0813 (for the CAFO 610 

Review); Environmental Protection 

Agency, EPA West Building, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC 20004. 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–OAR–2012– 

0313 (for the Heavy Duty 610 Review), 

Docket ID No. EPA–HQ–OAR–2012– 

0816 (for the Plastics 610 Review), or 

Docket ID No. EPA–HQ–OW–2012–0813 

(for the CAFO 610 Review). The 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. 

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 EPA Docket Center—Public Reading 

Room, EPA West Building, 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 general telephone 

number for the Public Reading Room is 

(202) 566–1744 and the telephone 

number for the Air and Radiation 

Docket is (202) 566–1742 and for the 

Water Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning EPA’s 

610 Review related to Heavy-Duty 

Engine and Vehicle Standards and 

Highway Diesel Fuel Sulfur Control 

Requirements, please contact Tad 

Wysor, Office of Transportation and Air 

Quality, Assessment and Standards 

Division, Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number 

(734) 214–4332; fax number (734) 214– 

4816; email address: wysor.tad@epa.gov. 

If you have questions concerning EPA’s 

610 Review related to NESHAP: 

Reinforced Plastic Composites 

Production, please contact Kim Teal, 

Office of Air Quality Planning and 

Standards, Environmental Protection 

Agency, Mailcode D243–04, Research 

Triangle Park, NC 27711; telephone 

number (919) 541–5580; fax number 

(919) 541–5450; email address: 

teal.kim@epa.gov. If you have questions 

concerning EPA’s 610 Review related to 

NPDES Permit Regulation and Effluent 

Limitations Guidelines Standards for 

CAFOs, please contact Hema 

Subramanian, Office of Wastewater 

Management, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Mailcode 4203M, Washington, DC 

20460; telephone number: (202) 564– 

5041; fax number (202) 564–6384; email 

address: subramanian.hema@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Section 610 of the Regulatory 

Flexibility Act requires that an agency 

review, within 10 years of 

promulgation, each rule that has or will 

have a significant economic impact on 

a substantial number of small entities 

(SISNOSE). EPA undertakes section 610 

reviews to decide whether the agency 

should continue a rule unchanged, 

amend it, or withdraw it. We encourage 

small entities to provide comments on 

the need to change these rules, and in 

particular, how the rules could be made 

clearer, more effective, or if there is 

need to remove conflicting or 

overlapping requirements with other 

Federal or State regulations. 

II. Section 610 Review of Heavy-Duty 

Engine and Vehicle Standards and 

Highway Diesel Fuel Sulfur Control 

Requirements 

On January 18, 2001, EPA established 

new exhaust emission standards for 

heavy-duty highway engines and 

vehicles, and new quality standards for 

highway diesel fuel (66 FR 5002). As 

part of this program, new emission 

standards took effect in model year 

2007, and applied to heavy-duty 

highway engines and vehicles. These 

standards are based on the use of highefficiency catalytic exhaust emission 

control devices or comparably effective 

advanced technologies. Because these 

devices are damaged by sulfur, the rule 

also reduced the level of sulfur in 

highway diesel fuel significantly by 

mid-2006. The program provided 

substantial flexibility for refiners, 

especially small refiners, and for 

manufacturers of engines and vehicles. 

For example, the program allowed small 

refiners with simultaneous gasoline 

sulfur requirements to sequence their 

sulfur-reduction technology upgrades in 

the most advantageous way, and also 

provided general hardship provisions to 

allow case-by-case relief. While EPA 

took steps to evaluate and mitigate 

impacts on small entities as part of the 

promulgation of this rule, this notice 

announces that EPA will review the 

Heavy-Duty Engine and Vehicle 

Standards and Highway Diesel Fuel 

Sulfur Control Requirements rule 

pursuant to section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 


srobinson on DSK4SPTVN1PROD with 
65842 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Proposed Rules 

610). As part of this review, EPA will 

consider and solicit comments on the 

following factors: (1) The continued 

need for the rule; (2) the nature of 

complaints or comments received 

concerning the rule; (3) the complexity 

of the rule; (4) the extent to which the 

rule overlaps, duplicates, or conflicts 

with other Federal, State, or local 

government rules; and (5) the degree to 

which the technology, economic 

conditions or other factors have changed 

in the area affected by the rule. 

Comments must be received within 60 

days of this notice. In submitting 

comments, please reference Docket ID 

EPA–HQ–OAR–2012–0313 and follow 

the instructions provided in the 

ADDRESSES section of this document. 

The results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket referenced above. 

This docket can be accessed at 

www.regulations.gov. 

III. Section 610 Review of National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP): Reinforced 

Plastic Composites Production 

The EPA promulgated NESHAP for 

reinforced plastic composites 

production (68 FR 19375) on April 21, 

2003. The final rule (40 CFR part 63, 

subpart WWWW) includes standards for 

both new and existing sources of 

hazardous air pollutants (HAP), as well 

as monitoring, performance testing, 

recordkeeping, and reporting 

requirements related to those standards. 

The NESHAP regulate production and 

ancillary processes used to manufacture 

products with thermoset resins and gel 

coats. The final standards contain a 

HAP emissions threshold that 

distinguishes between sources that 

typically can meet the HAP emissions 

limits using pollution prevention, and 

those that must use add-on controls. 

Based on SBA size definitions and 

reported sales and employment data, we 

identified 279 of the 357 companies 

owning reinforced plastic composites 

facilities as small businesses. We also 

performed an economic impact analysis 

(EIA) that indicated that 12 percent of 

facilities owned by small business were 

at risk of closure because of the final 

rule, and a SBREFA panel 

recommended that EPA provide special 

flexibility to these companies. 

Provisions to reduce the adverse impact 

on small business, including minimized 

reporting and recordkeeping 

requirements and establishing separate 

floors for specialty products, were 

incorporated into the final rule. 

This notice announces that EPA will 

review this action pursuant to section 

610 of the Regulatory Flexibility Act (5 

U.S.C. 610). As part of this review, EPA 

will consider and solicit comments on 

the following factors: (1) The continued 

need for the rule; (2) the nature of 

complaints or comments received 

concerning the rule; (3) the complexity 

of the rule; (4) the extent to which the 

rule overlaps, duplicates, or conflicts 

with other Federal, State, or local 

government rules; and (5) the degree to 

which the technology, economic 

conditions or other factors have changed 

in the area affected by the rule. 

Comments must be received within 60 

days of this notice. In submitting 

comments, please reference Docket ID 

number EPA–HQ–OAR–2012–0816 and 

follow the instructions provided in the 

ADDRESSES section of this document. 

The results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket referenced above. 

This docket can be accessed at 

www.regulations.gov. 

IV. Section 610 Review of National 

Pollutant Discharge Elimination System 

(NPDES) Permit Regulation and 

Effluent Limitations Guidelines 

Standards for Concentrated Animal 

Feeding Operations (CAFOs) 

EPA promulgated revised regulations 

for CAFOs on February 12, 2003 (68 FR 

7175). The ‘‘2003 CAFO Rule’’ 

expanded the number of operations 

covered by the CAFO regulations and 

included requirements to address the 

land application of manure from 

CAFOs. The 2003 CAFO Rule required 

all CAFOs to seek NPDES permit 

coverage. The EPA developed a Final 

Regulatory Flexibility Analysis (FRFA) 

for the 2003 CAFO Rule. In the 2003 

CAFO Rule, the EPA took several steps 

to minimize its impacts on small 

businesses, including regulatory 

revisions designed to focus on the 

largest producers, eliminating the 

‘‘mixed’’ animal calculation for 

operations with more than a single 

animal type for determining which 

AFOs are CAFOs, raising the duck 

threshold for dry manure handling duck 

operations, and adopting a dry-litter 

chicken threshold higher than proposed. 

Subsequently, a series of court 

decisions based on legal challenges to 

the rulemaking have limited the 

requirement for NPDES permit coverage 

specifically to CAFOs that discharge. In 

response to these court decisions, the 

EPA made revisions to the CAFO 

regulations in 2008 (73 FR 70418) and 

2012 (77 FR 44494). In promulgating the 

2008 regulatory revision, the EPA 

certified that the 2008 rule would not 

have a significant adverse economic 

impact on a substantial number of small 

entities. In promulgating the 2012 

regulatory revision, the 2012 rule was 

not subject to the RFA because the RFA 

applies only to rules subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute, and the 2012 

rule was not subject to notice and 

comment requirements. Both rules 

reduced the potential impact of the 

EPA’s CAFO regulations on small 

entities by reducing the universe of 

CAFOs that must apply for NPDES 

permits. This notice announces that 

EPA will review this action pursuant to 

section 610 of the Regulatory Flexibility 

Act (5 U.S.C. 610). As part of this 

review, EPA will consider and solicit 

comments on the following factors: (1) 

The continued need for the rule; (2) the 

nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent to 

which the rule overlaps, duplicates, or 

conflicts with other Federal, State, or 

local government rules; and (5) the 

degree to which the technology, 

economic conditions or other factors 

have changed in the area affected by the 

rule. Comments must be received within 

60 days of this notice. In submitting 

comments, please reference Docket ID 

number EPA–HQ–OW–2012–0813 and 

follow the instructions provided in the 

ADDRESSES section of this document. 

The results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket referenced above. 

This docket can be accessed at 

www.regulations.gov. 

Dated: October 25, 2012. 

Alexander Cristofaro, 

Director, Office of Regulatory Policy and 

Management. 

[FR Doc. 2012–26794 Filed 10–30–12; 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 No. FEMA–B–1171] 

Proposed Flood Elevation 

Determinations for the Unincorporated 

Areas of Robeson County, NC 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

withdrawing its proposed rule 


srobinson on DSK4SPTVN1PROD with