Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations 66729 

V. Conclusion 

Therefore, tolerances are established 

for residues of fluazinam, (3-chloro-N- 

[3-chloro-2,6-dinitro-4- 

(trifluoromethyl)phenyl]-5- 

(trifluoromethyl)-2-pyridinamine), in or 

on melon subgroup 9A at 0.07 ppm; 

pepper/eggplant subgroup 8–10B at 0.09 

ppm; soybean, seed at 0.01 ppm; and 

soybean, hulls at 0.05 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 26, 2012. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.574, alphabetically add the 

following commodities to the table in 

paragraph (a)(1) to read as follows: 

§ 180.574 Fluazinam; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

*****

Melon subgroup 9A .................. 0.07 

*****

Pepper/eggplant subgroup 8– 

10B ........................................ 0.09 

*****

Soybean, seed .......................... 0.01 

Soybean, hulls .......................... 0.05 

*****

* * * * * 

[FR Doc. 2012–27198 Filed 11–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2012–0738; FRL–9713–1] 

RIN 2050–AG73 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Revision To Increase Public 

Availability of the Administrative 

Record File 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), to 

acknowledge advancements in 

technologies used to manage and 

convey information to the public. 

Specifically, this revision will add 

language to EPA regulations to broaden 

the technology, to include computer 

telecommunications or other electronic 

means, that the lead agency is permitted 

to use to make the administrative record 

file available to the public. By updating 

the language used to describe permitted 

technology, the lead agency will be able 

to serve the information needs of a 

broader population, while maintaining 

the ability to provide traditional means 


srobinson on DSK4SPTVN1PROD with 
66730 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations 

of public access to the administrative 

record file, such as paper copies and 

microform. The lead agency should 

assess the capacity and resources of the 

public to utilize and maintain an 

electronic- or computer 

telecommunications-based repository to 

make a decision on which approach 

suits a specific site. 

DATES: This rule is effective on February 

5, 2013 without further notice, unless 

EPA receives adverse comment by 

December 7, 2012. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2012–0738, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center 

(EPA/DC), Superfund Docket, Mailcode: 

28221T, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Attention Docket ID No. EPA– 

HQ–SFUND–2012–0738. 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–SFUND–2012– 

0738. 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 Superfund Docket (Docket ID No. 

EPA–HQ–SFUND–2012–0738). This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The 

Superfund Docket telephone number is 

(202) 566–0276. EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 412–9810 or TDD (703) 

412–3323. For more detailed 

information on specific aspects of this 

direct final rule, contact Melissa Dreyfus 

at (703) 603–8792 

(dreyfus.melissa@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5204P. 

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment as this 

action merely adds language to 40 CFR 

300.805(c) of the NCP to broaden the 

technology, to include computer 

telecommunications or other electronic 

means, that the lead agency is permitted 

to use to make the administrative record 

file available to the public. By updating 

language used to describe permitted 

technology, the lead agency will be able 

to serve the information needs of a 

broader population, while maintaining 

the ability to provide traditional means 

of public access, such as paper copies 

and microform, to the administrative 

record file. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, we are also publishing a 

separate proposed rule to add language 

to broaden the technology that the lead 

agency is permitted to use to make the 

administrative record file available to 

the public under 40 CFR 300.805(c), if 

adverse comments are received on this 

direct final rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. What should I consider as I prepare 

my comments for EPA? 

A. Submitting Confidential Business 

Information (CBI). Do not submit this 

information to EPA through 

www.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 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations 66731 

1Typically, EPA refers to the administrative 

record as the ‘‘administrative record file’’ until EPA 

has selected a particular response action, to avoid 

creating the impression that the record is complete 

at any time prior to the final selection decision. See 

55 FR 8666, 8804–5 (March 6, 1990) (National Oil 

and Hazardous Substances Pollution Contingency 

Plan Preamble). 

2 42 U.S.C. 9601–9675, as amended. 

3The Freedom of Information Act, 5 U.S.C. 552, 

As Amended By Public Law No. 104–231, 110 Stat. 

3048. Available online: http://www.justice.gov/oip/ 

foia_updates/Vol_XVII_4/page2.htm. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Background 

A. What is CERCLA? 

In 1980, Congress enacted the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or 

‘‘the Act’’), in response to releases or 

substantial threats of releases of 

hazardous substances into the 

environment or releases or substantial 

threats of releases into the environment 

of any pollutant or contaminant which 

may present an imminent and 

substantial danger to the public health 

or welfare. 

B. What is the National contingency 

plan? 

To implement CERCLA, EPA 

promulgated the revised National Oil 

and Hazardous Substances Pollution 

Contingency Plan (NCP), 40 CFR part 

300, on July 16, 1982 (47 FR 31180), 

pursuant to CERCLA section 105 and 

Executive Order 12316 (46 FR 42237, 

August 20, 1981). The NCP sets 

guidelines and procedures for 

responding to releases or substantial 

threats of releases of hazardous 

substances into the environment and 

releases or substantial threats of releases 

into the environment of any pollutant or 

contaminant that may present an 

imminent or substantial danger to the 

public health or welfare. EPA has 

revised the NCP on several occasions. 

The most recent comprehensive revision 

was on March 8, 1990 (55 FR 8666). 

C. What is the administrative record? 

Under CERCLA section 113(k)(1) and 

40 CFR 300.800(a), the lead agency is 

required to establish an administrative 

record that ‘‘* * * contains the 

documents that form the basis for the 

selection of a response action.’’ These 

documents are further described in 40 

CFR 300.810. In addition, CERCLA 

section 113(k)(2)(A) requires that EPA 

establish ‘‘* * * procedures for the 

appropriate participation of interested 

persons in the development of the 

administrative record * * * ’’ for a 

removal action. For remedial actions, 

EPA ‘‘* * * shall provide for the 

participation of interested persons, 

including potentially responsible 

parties, in the development of the 

administrative record * * *’’ CERCLA 

section 113(k)(2)(B). That is, EPA 

should provide the public with an 

opportunity to participate in the 

selection of a response action. In 

addition, CERCLA section 117 requires 

EPA to allow for public comment on 

certain aspects of a proposed remedial 

action. Participation by interested 

persons (including affected 

communities) ensures that EPA (or the 

lead agency, if not EPA) has considered 

the concerns of the public, including 

potentially responsible parties (PRPs), 

in the selection of a response action. 

D. How is the administrative record file 1

made available to the public? 

CERCLA section 113(k)(1) requires 

that a copy of the administrative record 

be available to the public ‘‘* * * at or 

near the facility at issue.’’ 40 CFR 

300.805(a). In addition, a docket 

containing the administrative record file 

should be located at the Regional office 

or other central location. 40 CFR 

300.805(a). In the case of an emergency 

removal, the administrative record need 

only be available for public inspection 

at the central location, unless otherwise 

requested (e.g., by a member of the 

public). 40 CFR 300.805(a)(5), 

300.805(b). Reflective of the technology 

available at the time of the last revision 

to the NCP (March 8, 1990 (55 FR 

8666)), the ‘‘lead agency may make the 

administrative record file available to 

the public in microform.’’ 40 CFR 

300.805(c). 

The administrative record file located 

at or near the site should be placed in 

one of the information repositories that 

may already exist for community 

involvement purposes. An information 

repository contains documents that 

relate to a Superfund site and the 

Superfund program in general. An 

information repository is required at all 

remedial action sites and any site where 

a removal action is likely to extend 

beyond 120 days. See 40 CFR 

300.430(c)(2)(iii), 300.415(n)(3)(iii), 

300.415(n)(4)(i). The information 

repository may contain information 

beyond the scope of the administrative 

record, since the documents in the 

administrative record file relate to a 

particular response action selection 

decision at a site. For example, an 

information repository might contain 

copies of site-specific press releases or 

public fact sheets. 

E. What does this amendment do? 

This direct final rule amends 40 CFR 

300.805(c)—Location of the 

Administrative Record File in Subpart 

I—Administrative Record for Selection 

of Response Action of the National Oil 

and Hazardous Substances Pollution 

Contingency Plan, to acknowledge 

advancements in technologies used to 

manage and convey information to the 

public. Specifically, this revision will 

add language to broaden the technology, 

to include computer 

telecommunications or other electronic 

means, that the lead agency is permitted 

to use to make the administrative record 

file available to the public regarding 

documents that form the basis for the 

selection of a response action. This 

amendment does not limit the lead 

agency’s ability to make the 

administrative record file available to 

the public in traditional forms such as 

paper and microform. The lead agency 

should assess the capacity and resources 

of the public to utilize and maintain an 

electronic- or computer 

telecommunications-based repository to 

make a decision on which approach 

suits a specific site. Based on the 

preferences of the community and the 

lead agency’s assessment of the sitespecific situation, the lead agency will 

determine whether to provide: (1) 

Traditional forms (e.g. paper copies; 

microform) (2) electronic resources, or 

(3) both traditional forms and electronic 

resources. 

F. What is the basis for this amendment? 

Since the passage of the CERCLA 2, as 

amended, the Federal government has 

made strides in encouraging 

electronically-available data. For 

example, the Electronic Freedom of 

Information Act Amendments of 1996,3

amending section 552(a) of title 5, 

United States Code, popularly known as 

the Freedom of Information Act, 

provides for public access to 

information in an electronic format. 

Specifically, ‘‘For records created on or 

after November 1, 1996, within one year 

after such date, each agency shall make 

such records available, including by 

computer telecommunications or, if 


srobinson on DSK4SPTVN1PROD with 
66732 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations 

4 Ibid. section 552(a)(2). 

5 Ibid. section 552(a)(3)(B). 

6U.S. Census Bureau. 2010. Table 1154: Public 

Library Use of Internet: 2009 and 2010. In: 

Statistical Abstract of the United States, 2011 (30th 

Edition): Information & Communications: Internet 

Service Providers, Data Processing & Libraries. 

Available online: http://www.census.gov/ 

compendia/statab/cats/

information_communications/internet_service_

providers_data_processing_libraries.html. 

7U.S. Environmental Protection Agency. 2011. 

Superfund Community Involvement Toolkit. 

Community Involvement Plans. Available online: 

http://www.epa.gov/superfund/community/pdfs/

toolkit/ciplans.pdf. 

8Further information on Section 508 is available 

online: http://www.section508.gov. 

9Access information on EPA’s Community 

Engagement Initiative online: http://www.epa.gov/ 

oswer/engagementinitiative/. 

10Access EPA’s Superfund Information 

Repository Assessment Report online: http:// 

www.epa.gov/oswer/engagementinitiative/ 

rr13b.pdf. 

11U.S. Environmental Protection Agency. 2011. 

Superfund Community Involvement Toolkit. 

Community Involvement Plans. Available online: 

http://www.epa.gov/superfund/community/pdfs/ 

toolkit/ciplans.pdf. 

computer telecommunications means 

have not been established by the agency, 

by other electronic means.’’ 4 In 

addition, ‘‘* * * an agency shall 

provide the record in any form or format 

requested by the person if the record is 

readily reproducible by the agency in 

that form or format. Each agency shall 

make reasonable efforts to maintain its 

records in forms or formats that are 

reproducible for purposes of this 

section.’’ 5

As of 2010, 99% of the over 16,800 

public libraries in the U.S. had public 

computers connected to the internet, 

with an average of 16 computer stations 

per library. Over 85% of these libraries 

had public wireless internet access, 

with approximately 6% planning to add 

access over the next year.6 However, the 

presence of an electronic- or computer 

telecommunications-based repository 

does not preclude establishing a 

traditional paper-based repository. The 

lead agency should always assess the 

capacity and resources of the specific 

community to utilize and maintain an 

electronic- or computer 

telecommunications-based repository. 

Based on the preferences of the 

community and the lead agency’s 

assessment of the site-specific situation, 

the lead agency will determine whether 

to provide: (1) Traditional forms (e.g. 

paper copies; microform) (2) electronic 

resources, or (3) both traditional forms 

and electronic resources. Community 

preferences and access to technological 

resources may be gleaned through 

community interviews conducted as 

part of the planning for the Community 

Involvement Plan at a site.7 In addition, 

in accordance with Section 508 of the 

Rehabilitation Act of 1973, as amended, 

the lead agency is responsible for 

ensuring that all electronic and 

information technology is accessible to 

persons with disabilities. This involves 

procuring, creating, maintaining and 

using electronic and information 

technology, including, Web sites, 

software, hardware, video and 

multimedia, and telecommunications, 

that is Section 508 compliant,8 as well 

as incorporating other techniques to 

ensure accessibility. 

EPA’s Assessment of Superfund 

Information Repositories 

EPA conducted an assessment of 

Superfund information repositories (IR) 

as part of the Office of Solid Waste and 

Emergency Response Community 

Engagement Initiative, Action 13, Part 

B.9 While site information repositories 

were traditionally paper copies of 

documents maintained at locations near 

Superfund sites, today there are varying 

degrees of usage of electronic resources 

to store information, including CDs, 

DVDs and Web sites. For this 

assessment, EPA was interested in how 

the repositories are organized and 

maintained, as well as investigating how 

current technological resources could be 

utilized to improve public accessibility 

to Superfund site information and the 

general cost and time associated with 

maintaining a repository. The approach 

adopted for this assessment consisted of 

two distinct studies: (1) A survey of EPA 

regional practices for establishing and 

maintaining information repositories, 

and (2) an on-site assessment of the 

content, completeness, and organization 

of information repositories. The on-site 

assessment consisted of visits to 28 

information repositories in five EPA 

regions to assess the content, 

completeness, and organization of the 

repositories. A complete account of the 

information repository assessment and 

findings can be found in the Superfund 

Information Repository Assessment 

Report (Assessment Report).10

This assessment found that despite 

the careful attention and time dedicated 

to appropriately locating and 

maintaining an information repository, 

it appears to be an under-utilized and 

outdated source of information for most 

communities. In general, community 

members inquire about information 

repositories relatively infrequently 

(between 1–6 times per year). The 

frequency of repository use seems to be 

highest for newly listed National 

Priorities List (NPL) sites and during the 

pre-Record of Decision phase in the 

Superfund remedial process. New 

materials and instructions are sent by 

the lead agency to the repository, and 

the repository staff is responsible for 

adding and removing documents. Due to 

the variation in organization and 

maintenance of repositories, there can 

be inconsistency between repositories. 

Most repositories contain useful 

information and are organized in such a 

way that specific documents can be 

found. However, some repositories lack 

important documents or are poorly 

organized due to public usage over the 

years. 

In almost all repositories visited for 

this assessment, computers are 

available. Some of these computers did 

not have CD drives to avoid the 

introduction of viruses into the library 

computer system, or the CD drives were 

not functional. All of the libraries that 

were visited had internet access. 

Permitting the lead agency to provide 

the administrative record file to the 

public via computer 

telecommunications or other electronic 

means could help to alleviate situations 

with document access that have been 

known to sometimes occur with 

disorganized or misplaced paper files. 

Electronic access to site documents will 

also make this information more widely 

available and accessible to a broader 

public audience. The presence of an 

electronic- or computer 

telecommunications-based repository 

does not preclude establishing a 

traditional paper-based repository. The 

lead agency should always assess the 

capacity and resources of the specific 

community to utilize and maintain an 

electronic- or computer 

telecommunications-based repository to 

make a decision on which approach 

suits a specific site. Based on the 

preferences of the community and the 

lead agency’s assessment of the sitespecific situation, the lead agency will 

determine whether to provide: (1) 

Traditional forms (e.g. paper copies; 

microform) (2) electronic resources, or 

(3) both traditional forms and electronic 

resources. Community preferences and 

access to technological resources may be 

gleaned through community interviews 

or community technical needs 

assessments conducted as part of the 

planning for the Community 

Involvement Plan at a site.11

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action’’ and is therefore not 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations 66733 

subject to OMB review. This action 

merely adds language to 40 CFR 

300.805(c) of the NCP to broaden the 

technology, to include computer 

telecommunications or other electronic 

means, that the lead agency is permitted 

to use to make the administrative record 

file available to the public. This action 

will enable the lead agency to serve the 

information needs of a broader 

population while maintaining the 

ability to provide traditional means of 

public access, such as paper copies and 

microform, to the administrative record 

file. This action does not impose any 

requirements on any entity, including 

small entities. Therefore, pursuant to 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), after considering the 

economic impacts of this action on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This action does not contain 

any unfunded mandates or significantly 

or uniquely affect small governments as 

described in Sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1999 

(UMRA) (Pub. L. 104–4). This action 

does not create new binding legal 

requirements that substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). This action does not have 

significant Federalism implications 

under Executive Order 13132 (64 FR 

43255, August 10, 1999). Because this 

action has been exempted from review 

under Executive Order 12866, this final 

rule is not subject to Executive Order 

13211, entitled Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., nor does it require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). This action does not 

involve technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. The Congressional 

Review Act, 5 U.S.C. 801 et seq., 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Because this action does 

not contain legally binding 

requirements, it is not subject to the 

Congressional Review Act. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: October 26, 2012 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

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

3 CFR, 1987 Comp., p.193. 

■ 2. Section 300.805 is amended by 

revising paragraph (c) to read as follows: 

§ 300.805 Location of the administrative 

record file. 

* * * * * 

(c) The lead agency may make the 

administrative record file available to 

the public in microform, computer 

telecommunications, or other electronic 

means. 

[FR Doc. 2012–26970 Filed 11–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8253] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

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 scheduled for 

suspension 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 not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http:// 

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures 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 the sale of NFIP flood 

insurance 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. 

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. We recognize that 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 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 


srobinson on DSK4SPTVN1PROD with