/ 

P.22 

-V-^^-33 

Federal Register / Vol. 51, No. 81 / Monday, April 28, 1986 / Proposed Rules 15! 

contains a record pertaining to him, how 

he can gain access to such a record, and 

how he can contest its content. Since 

EPA is claiming that this system of 

records is exempt from subsection (f) of 

the Act, concerning agency rules, and 

subsection (d) of the Act, concerning 

access to records, these requirements 

are inapplicable and are exempted to 

the extent that this system of records is 

exempted from subsections (f) and (d) of 

the Act. Although EPA is claiming 

exemption from these requirements, 

EPA has published such a notice 

concerning its notification, access, and 

contest procedures because, under 

certain circumstances, EPA might decide 

it is appropriate for an individual to 

have access to all or a portion of his 

records in this system of records. 

(v) 5 U.S.C. 552a(e)(4)(I) requires an 

agency to publish a Federal Register 

notice concerning the categories of 

sources of records in the system of 

records. Exemption from this provision 

is necessary to prevent the release of 

properly classified information, which 

would compromise the national defense 

or disrupt foreign policy. Although EPA 

is claiming exemption from this 

requirement, EPA has published such a 

notice in broad generic terms in the 

belief that this is all subsection (e)(4)(I) 

of the Act requires. 

(vi) 5 U.S.C. 552a(f)(l) requires an 

agency to promulgate rules which shall 

establish procedures whereby an 

individual can be notified in response to 

his request if any system of records 

named by the individual contains a 

record pertaining to him. The 

application of this provision could result 

in the release of properly classified 

- information, which would compromise 

the national defense or disrupt foreign 

policy. Since EPA is claiming that this 

system of records is exempt from 

subsection (d) of the Act, concerning 

access to records, the requirements of 

subsections (f) (2) through (5) of the Act, 

concerning agency rules for obtaining 

access to such records, are inapplicable 

and are exempted to the extent that this 

system of records is exempted from 

subsection (d) of the Act. Although EPA 

is claiming exemption from the 

requirements of subsection (f) of the 

Act, EPA has promulgated rules which 

establish Agency procedures because, 

under certain circumstances, it might be 

appropriate for an individual to have 

access to all or a portion of his records 

in this system of records. These 

procedures are described elsewhere in 

this Part. 

(d) Exempt records provided by 

another agency. Individuals may not 

have access to records maintained by 

the EPA if such records were provided 

by another agency which has 

determined by regulation that such 

records are subject to general exemption 

under 5 U.S.C. 552a(j) or specific " 

exemption under 5 U.S.C. 552a(k). If an 

individual requests access to such 

exempt records, EPA will consult with 

the source agency. 

(e) Exempt records included in a , 

nonexempt system of records. All 

records obtained from a system of 

records which has been determined by 

regulation to be subject to specific 

exemption under 5 U.S.C. 552a(k) retain 

their exempt status even if such records 

are also included in a system of records 

for which a specific exemption has not 

been claimed. 

[FR Doc. 86-94C8 Filed 4-25-86; 8:45 ami 

BILLING COBS 6K0-S0-C1 

m CFR Pasts §11 and B2 

[FRL-3009-3] 

Plans; Surface Coal I 

Emissions; Extension of Comraenl! 

Period 

AGEMSV: Environmental Protection 

Agency (EPA). 

flCTEOfj: Extension of public comment 

period. 

SUMEl&Rv: On October 26,1984, EPA 

proposed that fugitive emissions be 

included in threshold applicability 

determinations of whether surface coal 

mines would be required to obtain air 

quality new source review permits (49 

FR 43211). On February 28,1986, EPA 

reopened this public comment period for 

60 days, untir April 29,1986 (51 FR 7080). 

Representatives of the surface coal 

mining industry have requested that 

EPA extend this public comment period, 

noting in part the need for additional 

time to complete studies. Ln response to 

those requests, I am hereby extending 

by 30 days the public comment period. 

DATES: The close of public comment 

period is extended from April 29,1886, 

to May 29,1986. 

ADDRESSES: Comments should be 

submitted (preferably in triplicate) to 

Central Docket Section (LE-131A), U.S. 

Environmental Protection Agency, 401 M 

Street, SW., Washington, DC 20460, 

Attention: Docket No. A-84-33. 

FOB FUaTKSB GMFSHEI&TIOKI CONTACT: 

Mr. Kirt Cox, U.S. Environmental 

Protection Agency (MD-15), Research 

Triangle Park, North Carolina 27711, 

telephone: 919-541-5591, FTS 629-5591. 

Dated: April 18,1986. 

J. Craig Potter, 

Assistant Administrator for Air and 

Radiation. 

[FR Doc. 86-8405 Filsd 4-25-86; 8:45 am) 

BILLING CODE 35G3-50-M 

40 GFI3 Parts 785 and 7S9 

[OPTS-42033C; FF3L-28S3-@(a)l 

Crssoii; Proposed Testing Standards 

A@lM@v: Environmental Protection 

Agency (EPA). 

AST0®M: Proposed rule. 

3UE3KL&BV: Elsewhere in this issue of the 

Federal Register, EPA is issuing a final 

test rule establishing testing 

requirements under section 4(a) of the 

Toxic Substances Control Act (TSCA) 

for manufacturers and processors of 

cresols. Cresols is a chemical category 

consisting of three cresol isomers: orthocresol (CAS No. 95-48-7), me/o-cresol 

(CAS No. 108-39-4), andpara-cresol 

(CAS No. 10&-44-5). In this document, 

EPA is proposing that certain TSCA test 

guidelines be utilized as the test 

standards for the required studies. EPA 

is also proposing that tests be submitted 

within specified time frames. 

DATES: Submit written comment on or 

before June 12,1836. If persons request 

time for oral comment by May 28,1986, 

EPA will hold a public meeting on this 

proposed rule in Washington, DC. For 

further information on arranging to 

speak at the meeting, see Unit VI of this 

preamble. 

ADDRESS: Submit written comments, 

identified by the document control 

number (OPTS-42033C), in triplicate to: 

TSCA Public Information Office (TS793), Office of Pesticides and Toxic 

Substances, Environmental Protection 

Agency, Rm. E-108,401M St., SW., 

Washington, DC 20460. 

A public version of the administrative 

record supporting this action (with any 

confidential business information 

deleted) is available for inspection at 

the above address from 8 a.m. to 4 p.m., 

Monday through Friday, except legal 

holidays. 

FOB FURTOES1 lCCF®K53flTC©M @@M¥ASY: 

Edward A. Klein, Director, TSCA 

Assistance Office (TS-799), Office of 

Toxic Substances, Rm. E-543,401M St., 

SW., Washington, BC 20460. Toll Free: 

(800-424-9085), In Washington, DC: 

(554-1404), Outside the USA: (Operator 

202-554-1404). 

SUPPS.EMENYfi!s!V CMI?®SC3&YI0M: 

Elsewhere in this issue of the Fedecsl 

Register, EPA is issuing a final test rule