Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Proposed Rules 42361 

we are proposing to disapprove are 

inconsistent with CAA requirements 

and our regulations. Our specific 

analyses and findings are discussed 

above in the body of this proposed 

rulemaking. 

EPA is soliciting public comments on 

its proposed rulemaking as discussed in 

this document. EPA will consider these 

comments before taking final action. 

Interested parties may participate in the 

Federal rulemaking process by 

submitting written comments to EPA as 

discussed in this action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations 

(42 U.S.C. 7410(k), 40 CFR 52.02(a)). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves some State law 

as meeting Federal requirements and 

disapproves other State law because it 

does not meet Federal requirements; 

this proposed action does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 12, 2010. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–17810 Filed 7–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1987–0002; FRL–9177–1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Rocky Mountain 

Arsenal Federal Facility 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule, reopening of 

public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 issued a Notice 

of Intent to Delete portions of the Rocky 

Mountain Arsenal Federal Facility 

(RMA) from the National Priorities List 

(NPL) on June 17, 2010. The portions 

proposed for deletion are the Central 

and Eastern Surface Areas of the OnPost Operable Unit (OU3) including 

surface media and structures (CES) and 

the surface media of the entire Off-Post 

Operable Unit (OU4) (OPS). A formal 

request was made to extend the public 

comment period which is scheduled to 

end on July 19, 2010. In response, EPA 

is reopening the public comment period 

for an additional 30 days concluding on 

August 16, 2010. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Colorado, through the 

Colorado Department of Public Health 

and Environment (CDPHE), have 

determined that all appropriate 

response actions under CERCLA at the 

CES and OPS, other than operation, 

maintenance, and five-year reviews, 

have been completed. 

This rationale for deleting the CES 

and OPS from RMA has not changed. 

The Federal Register notice for the 

proposed deletion (75 FR 34405) 

discusses this rationale in detail. 

DATES: The comment period for the 

proposed rule published June 17, 2010, 

at 75 FR 34405, is reopened. Comments 

concerning the proposed partial 

deletion may be submitted to EPA on or 

before August 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1987–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: chergo.jennifer@epa.gov. 

• Fax: 303–312–7110. 

• Mail: Ms. Jennifer Chergo, 

Community Involvement Coordinator 

(8OC), U.S. EPA, Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at: 

—EPA’s Region 8 Superfund Records 

Center, 1595 Wynkoop Street, Denver, 

Colorado 80202–2466. Hours: 8 a.m. 

to 4 p.m. by appointment (call 303– 

312–6473), Monday through Friday, 

excluding legal holidays; and the 

—Joint Administrative Records 

Document Facility, Rocky Mountain 


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42362 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Proposed Rules 

1 In those few cases where an individual, rather 

than an institution, is an applicant for PHS grants 

or cooperative agreements for research, PHS 

Awarding Components will make case-by-case 

determinations on the steps to be taken to ensure 

that the design, conduct, and reporting of the 

research will not be biased by any conflicting 

financial interest of the individual. 

2 In neither case do the regulations currently 

apply to Small Business Innovation Research 

(SBIR)/Small Business Technology Transfer 

Research (STTR) Phase I applications. 

Arsenal, 5650 Havana Street, Building 

129, Commerce City, Colorado 80022– 

1748. Hours: 12 p.m. to 4 p.m., 

Monday through Friday, excluding 

legal holidays, or by appointment 

(call 303–289–0983). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Chergo, Community 

Involvement Coordinator (8OC), U.S. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129; telephone 

number: 1–800–227–8917 or 303–312– 

6601; fax number: 303–312–7110; email address: chergo.jennifer@epa.gov. 

Dated: July 13, 2010. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–17714 Filed 7–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 50 

45 CFR Part 94 

[Docket Number NIH–2010–0001] 

RIN 0925–AA53 

Responsibility of Applicants for 

Promoting Objectivity in Research for 

Which Public Health Service Funding 

Is Sought and Responsible 

Prospective Contractors 

AGENCY: Department of Health and 

Human Services. 

ACTION: Proposed rule; extension of 

comment period; request for comments. 

SUMMARY: The Department of Health and 

Human Services (HHS or the 

Department), including the HHS Public 

Health Service (PHS), is extending the 

comment period for a proposed rule that 

would amend the regulations on the 

Responsibility of Applicants for 

Promoting Objectivity in Research for 

which PHS Funding is Sought and 

Responsible Prospective Contractors, 

and is clarifying certain elements of the 

proposed rule for which we are seeking 

additional comment. The proposed rule 

was published in the Federal Register 

on May 21, 2010 (75 FR 28688). The 

comment period is extended by 30 days 

and thus will end on August 19, 2010. 

DATES: Comments must be received on 

or before August 19, 2010 in order to 

ensure we will be able to consider the 

comments when preparing the final 

rule. 

ADDRESSES: Individuals, organizations 

and institutions interested in submitting 

comments identified by RIN 0925–AA53 

and Docket Number [NIH–2010–0001] 

may do so by any of the following 

methods: 

Electronic Submissions 

You may submit electronic comments 

in the following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• To ensure timely processing of 

comments, NIH is no longer accepting 

comments submitted to the agency by email. 

Written Submissions 

You may submit written comments in 

the following ways: 

• Fax: 301–402–0169. 

• Mail: Jerry Moore, NIH Regulations 

Officer, Office of Management 

Assessment, National Institutes of 

Health, 6011 Executive Boulevard, Suite 

601, MSC 7669, Rockville, MD 20852– 

7669. 

• Hand Delivery/Courier (for paper, 

disk, or CD–ROM submissions). 

Attention: Jerry Moore, 6011 Executive 

Boulevard, Suite 601, Rockville, MD 

20852–7669. 

Instructions: All submissions received 

must include the agency name and 

Regulatory Information Number (RIN) 

[0925–AA53] and docket number [NIH– 

2010–0001] for this rulemaking action. 

All comments may be posted without 

change, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received concerning this 

rulemaking action, go to the 

eRulemaking.gov Portal: http:// 

www.regulations.gov and follow the 

instructions provided for conducting a 

search, using the docket number [NIH– 

2010–0001]. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Moore, NIH Regulations Officer, Office 

of Management Assessment, National 

Institutes of Health, 6011 Executive 

Boulevard, Suite 601, MSC 7669, 

Rockville, MD 20852–7669, telephone 

301–496–4607, fax 301–402–0169, email jm40z@nih.gov, concerning 

questions about the rulemaking process 

and Dr. Sally Rockey, NIH Deputy 

Director for Extramural Research, 

concerning substantive questions about 

the proposed rule, e-mail FCOINPRM@mail.nih.gov. 

SUPPLEMENTARY INFORMATION: HHS 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register on May 21, 2010 (75 FR 28688), 

with a deadline for written comments of 

July 20, 2010. The NPRM proposed 

changes to 42 CFR Part 50, Subpart F, 

and 45 CFR Part 94 (the regulations) to 

expand and add transparency to 

Investigator disclosure of significant 

financial interests (SFIs) to Institutions, 

as well as enhance regulatory 

compliance and effective oversight of 

financial conflicts of interest (FCOIs). 

The current regulations at 42 CFR Part 

50, Subpart F, are applicable to each 

Institution that applies for PHS grants or 

cooperative agreements for research 

and, through implementation of the 

regulations by each Institution, to each 

Investigator participating in such 

research.1 The current PHS contracting 

regulations at 45 Part 94 similarly apply 

to each Institution that seeks PHS 

funding for research and, through 

implementation of the regulations, to 

each Investigator who participates in 

such research.2

Since the NPRM was published, the 

Department has received questions 

concerning the authorities that exist 

under the current regulations and the 

proposed revisions to enable the PHS to 

enforce compliance by Institutions and 

Investigators with the regulations. In 

addition, the Department has 

considered whether, as part of the 

proposed revisions, it should clarify 

how the regulations apply in 

circumstances in which an Investigator 

or a PHS-funded research project 

transfers from one Institution to another, 

or in which a new Institution, and 

Investigators at the new Institution, 

become involved in an ongoing PHSfunded research project (e.g., where the 

new Institution becomes a subgrantee 

on the project). The Department 

recognizes that scientific discovery is a 

fluid process, and sometimes 

necessitates the movement of people 

and projects between Institutions. 

Under most ordinary circumstances, 

this type of movement presents no 

concerns. However, the Department is 

fully committed to protecting the 

objectivity of PHS-funded research and 

wants to be sure that the transfer of an 

Investigator or research project from one 

Institution to another does not 

compromise the integrity of PHS-funded 

research. As a result, we are seeking 

comment whether the recentlypublished proposed rule should be 


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