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

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 Centraland 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


### 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 acceptingcomments 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, telephone301–496–4607, 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 seekingcomment whether the recentlypublished proposed rule should be