5760 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules 

will include certain mandatory 

descriptive information as well as 

optional information about the 

prospective transferee, such as the 

person’s Social Security number and 

alien registration number. The estimated 

average burden associated with this 

collection is 25 minutes per respondent 

or record keeper, depending on 

individual circumstances. The Firearms 

Disposition Transaction Record Form 

must be retained for at least five years. 

If the transfer of a firearm is denied or 

cancelled by the NICS, or for any reason 

the transfer is not completed (delayed or 

unresolved) after a NICS check is 

initiated, the criminal justice agency 

must retain the Firearms Disposition 

Transaction Record Form for at least 

five years. The estimated total annual 

recordkeeping burden associated with 

this requirement is unknown at this 

time due to the uncertainty of the 

number of firearms that are currently in 

the possession of criminal justice 

agencies. The FBI invites the public to 

comment on this proposed collection of 

information to help it 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(ii) evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Comments on the proposed 

information collection should be sent to 

the Office of Information and Regulatory 

Affairs of OMB, Attention: Desk Officer 

for the Department of Justice and 

include the RIN for this proposed rule 

and the title of the collection. OMB 

encourages commenters to submit their 

comments via email to 

oira_submissions@omb.eop.gov, by fax 

to (202) 395–7285, or by physical mail 

to 725 17th Street NW., Room 10104, 

Washington, DC 20038. 

List of Subjects in 28 CFR Part 25 

Administrative practice and 

procedure, Computer technology, 

Courts, Firearms, Law enforcement, 

Penalties, Privacy, Reporting and 

recordkeeping requirements, Security 

measures, Telecommunications. 

Authority and Issuance 

Accordingly, part 25 of title 28 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 25—DEPARTMENT OF JUSTICE 

INFORMATION SYSTEMS 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: Pub. L. 103–159, 107 Stat. 1536, 

49 U.S.C. 30501–30505; Pub. L. 101–410, 104 

Stat. 890, as amended by Pub. L. 104–134, 

110 Stat. 1321. 

■ 2. In § 25.2, revise the definition of 

‘‘ATF’’ to read as follows: 

§ 25.2 Definitions. 

* * * * * 

ATF means the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives. 

* * * * * 

■ 3. Revise § 25.6, paragraph (j) to read 

as follows: 

§ 25.6 Accessing records in the system. 

* * * * * 

(j) Access to the NICS Index for 

purposes unrelated to NICS background 

checks required by the Brady Act. 

Access to the NICS Index for purposes 

unrelated to NICS background checks 

pursuant to 18 U.S.C. 922(t) shall be 

limited to uses for the purposes of: 

(1) Providing information to Federal, 

state, tribal, or local criminal justice 

agencies in connection with the 

issuance of a firearm-related or 

explosives-related permit or license, 

including permits or licenses to possess, 

acquire, or transfer a firearm, or to carry 

a concealed firearm, or to import, 

manufacture, deal in, or purchase 

explosives; 

(2) Responding to an inquiry from the 

ATF in connection with a civil or 

criminal law enforcement activity 

relating to the Gun Control Act (18 

U.S.C. Chapter 44) or the National 

Firearms Act (26 U.S.C. Chapter 53); or, 

(3) Disposing of firearms in the 

possession of a Federal, state, tribal, or 

local criminal justice agency. 

■ 3. In § 25.9, revise paragraph (b)(1)(i) 

to read as follows: 

§ 25.9 Retention and destruction of 

records in the system. 

* * * * * 

(b) * * * 

(1) * * * 

(i) NICS denied transaction records 

obtained or created in the course of the 

operation of the system will be retained 

in the Audit Log for ten years, after 

which time they will be transferred to 

an appropriate electronic database 

maintained by the FBI. 

* * * * * 

Dated: January 17, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–01529 Filed 1–25–13; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 326 

RIN 0710–AA66 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

its regulations to adjust its Class I civil 

penalties under the Clean Water Act and 

the National Fishing Enhancement Act 

to account for inflation. The adjustment 

of civil penalties to account for inflation 

is required by the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended. Since we have not 

made any adjustments to our Class I 

penalties to account for inflation since 

2004, we are proposing to make a 

second round of penalty adjustments to 

account for inflation. Using the 

adjustment criteria provided in the 

statute, the Class I civil penalty under 

the Clean Water Act would remain at 

$11,000 per violation, but the maximum 

civil penalty would increase to $32,500. 

Under the National Fishing 

Enhancement Act, the Class I civil 

penalty would remain at $11,000 per 

violation. Increasing the maximum 

amount of the Class I civil penalty 

under the Clean Water Act to account 

for inflation will maintain the deterrent 

effects of the penalty. 

DATES: Comments must be received by 

February 27, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or by 

email at david.b.olson@usace.army.mil 

or access the U.S. Army Corps of 

Engineers Regulatory Home Page at 

http://www.usace.army.mil/Missions/ 

CivilWorks/ 

RegulatoryProgramandPermits.aspx. 

SUPPLEMENTARY INFORMATION: This 

document concerns the adjustment of 

the Class I civil penalties under the 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules 5761 

Clean Water Act and the National 

Fishing Enhancement Act to account for 

inflation. For further information, 

including instructions on how to submit 

comments, please see the information 

provided in the direct final rule that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: January 22, 2013. 

Jo-Ellen Darcy, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2013–01656 Filed 1–25–13; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0864; FRL–9370–5] 

RIN 2070–AB27 

Proposed Modification of Significant 

New Uses of Ethaneperoxoic Acid, 1,1- 

Dimethylpropyl Ester 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend the significant new use rule 

(SNUR) for the chemical substance 

identified as ethaneperoxoic acid, 1,1- 

dimethylpropyl ester, which was the 

subject of premanufacture notice (PMN) 

P–85–680. This action would amend the 

SNUR to allow certain uses without 

requiring a significant new use notice 

(SNUN), and would extend SNUN 

requirements to certain additional uses. 

EPA is proposing this amendment based 

on review of new toxicity test data. 

DATES: Comments must be received on 

or before February 27, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0864, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0864. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0864. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

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 regulations.gov or 

email. The 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 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the 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 docket index available 

at http://www.regulations.gov. 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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substance 

identified as ethaneperoxoic acid, 1,1- 

dimethylpropyl ester (PMN P–85–680). 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (NAICS codes 325 and 

324110), e.g., chemical manufacturers 

and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

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 


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