### 27906 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described
in the Unfunded Mandates Reform Act of 1995 (Public Law 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 USC 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, Carbon monoxide, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: May 2, 2013.
Howard M. Cantor, Acting Regional Administrator, Region 8.

[FR Doc. 2013–11289 Filed 5–10–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 745**

**[EPA–HQ–OPPT–2010–0173; FRL–9385–6]**

**RIN 2070–AJ56**

**Lead; Renovation, Repair, and Painting Program for Public and Commercial**  **Buildings; Notice of Public Meeting and Reopening of Comment Period** 

**AGENCY :**  Environmental Protection Agency (EPA). **ACTION :**  Notice of public meeting and reopening of comment period.

**SUMMARY :**  In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) concerning renovation, repair, and painting activities in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards, and, for those that do, developing certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). This document announces a public meeting on June 26, 2013, and reopens the comment period for the December 31, 2012 Federal Register
document to allow for additional data
and other information to be submitted by the public and interested
stakeholders.

**DATES :**  The public meeting will be held on June 26, 2013, from 8:30 a.m. to 12:30 p.m. Requests to participate in the meeting must be received on or before June 3, 2013.

To request accommodation of a disability, please contact the technical person listed under **FOR FURTHER**

**INFORMATON CONTACT** , preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

Comments must be received on or before July 12, 2013. For additional
information on timeframes for submission of comments, see Unit II. of
the **SUPPLEMENTARY INFORMATION**

. **ADDRESSES :**  The meeting will be held at the Environmental Protection Agency, Room 1153, EPA East Bldg., 1200 Pennsylvania Ave. NW., Washington,

DC 20460.

Requests to participate in the meeting, identified by docket identification (ID) number EPA–HQ–OPPT–2010–0173,
must be submitted to the technical person listed under **FOR FURTHER**

**INFORMATION CONTACT**

.

Submit your comments, identified by docket ID number EPA–HQ–OPPT– 2010–0173, by one of the following
methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.

• 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: To make special arrangements for hand delivery or delivery of boxed information, please
follow the instructions at http:// www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  For technical information contact: Hans Scheifele, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–3122;
email address: scheifele.hans@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?

This document is directed to the public in general. However, you may be potentially affected by this action if you manage or perform renovations, repairs, or painting activities on the exterior or interior of public buildings or commercial buildings. The following
list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers
determine whether this document applies to them. Other types of entities not listed may also be affected. Potentially affected entities may
include:

• Building construction (NAICS code 236), e.g., commercial building construction, industrial building construction, commercial and institutional building construction, building finishing contractors, drywall and insulation contractors, painting and wall covering contractors, finish carpentry contractors, other building finishing contractors.

• Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air-conditioning contractors; painting and wall covering contractors; electrical contractors; finish carpentry contractors; drywall and insulation contractors; siding contractors; tile and terrazzo contractors; glass and glazing

contractors.

• Real estate (NAICS code 531), e.g., lessors of non-residential buildings and dwellings, non-residential property

managers.

• Other general government support (NAICS code 921), e.g., general services


### 27907 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules

departments, public property management services, government.

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. How can I get copies of this document and other related information?

The docket for this action, identified by docket ID number EPA–HQ–OPPT– 2010–0173, is available at http:// www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/ DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available

at http://www.epa.gov/dockets.

C. 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
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 procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments. When submitting comments, remember

to:

i. Identify this document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. Follow the detailed instructions as provided under

**ADDRESSES**

.

iii. Respond to specific questions posed by the Agency.

iv. Describe any assumptions and provide any technical information and/ or data that you used or that would substantiate your concern. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced by the Agency and others.

vi. Provide specific examples to illustrate your concerns and suggest
alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period
deadline identified in this document.

II. Background

Title IV of TSCA, 15 U.S.C. 2681 et

seq., was enacted to assist the Federal Government in reducing lead exposures,particularly those resulting from leadbased paint. Section 402(c)(3) of TSCA specifically requires EPA to revise its Lead-based Paint Activities Regulations (Ref. 1), promulgated under TSCA section 402(a), to apply to those renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings that create lead-based paint hazards. In April 2008, EPA issued the final Lead Renovation, Repair, and Painting (RRP) Rule under TSCA section 402(c)(3) (Ref. 2). The RRP Rule covers renovation, repair, and painting activities in target housing, which ismost pre-1978 housing, and childoccupied facilities, defined in the rule as a subset of public and commercial buildings in which young children spend a significant amount of time.

Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule, asserting, among other things, that EPA violated TSCA section 402(c)(3) by failing to address renovation activities in public and commercial buildings. These lawsuits (brought by environmental and children’s health advocacy groups as well as a homebuilders association)
were consolidated in the Circuit Court of Appeals for the District of Columbia Circuit. EPA engaged in collective settlement negotiations with all the parties and on August 24, 2009, EPA entered into an agreement with
environmental and children’s health advocacy groups in settlement of their lawsuits (Ref. 3). Shortly thereafter, the homebuilders association voluntarily dismissed its challenge to the rule. As part of this settlement agreement, EPA agreed to commence rulemaking to address renovations in public andcommercial buildings, other than childoccupied facilities, to the extent such renovations create lead-based paint hazards. As an initial step, EPA issued
an ANPRM in the Federal Register on renovations in public and commercial buildings on May 6, 2010 (Ref. 4).

The settlement agreement has been
amended and modified several times primarily to extend deadlines in the agreement, with the most recent amendment having been entered into by the parties on September 7, 2012. Under
the terms of the amended settlement agreement, the date by which EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that
these activities do not create lead-based paint hazards, is July 1, 2015. If EPA publishes a proposed rule in the Federal Register , EPA agrees to take final action
on or before the date 18 months after the proposed rule has published.

In addition, EPA agreed to hold a public meeting on or before July 31, 2013, and offer an opportunity for
stakeholders and other interested members of the public to provide data and other information that EPA may use in making its regulatory determinations. On December 31, 2012, EPA announced its intention to hold a public meeting on public and commercial building renovations and opened a comment period to offer interested stakeholders another opportunity to provide
information and data that EPA could use to make regulatory decisions in this area (Ref. 5). EPA specifically requested information on the following:

1. The manufacture, sale, and uses of lead-based paint after 1978.

2. The use of lead-based paint on public and commercial buildings.

3. The frequency and extent of renovations of public and commercial buildings.

4. Work practices used to renovate public and commercial buildings.

5. Dust generation and transportation
from exterior and interior renovations of public and commercial buildings.

With this document, EPA is announcing that the public meeting will be held on June 26, 2013, from 8:30 a.m. to 12:30 p.m. at the location provided
under **ADDRESSES** . EPA has developed a discussion guide for the meeting that includes a description of the information received during the comment period earlier this year. The discussion guide has been placed in the docket for this action, docket ID number EPA–HQ–OPPT–2010–0173, and is
available on EPA’s Web site at http:// www.epa.gov/lead/rrp/index.html. The discussion guide can also be obtained
from the National Lead Information Center by calling 1–800–424–LEAD (5323) or from the technical person
listed under **FOR FURTHER INFORMATION**

**CONTACT**

.


### 27908 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules

EPA is also reopening the comment period for the December 31, 2012 Federal Register document (Ref. 5) to allow interested parties to submit
additional relevant information and data before the public meeting, although EPA is not planning to update the discussion guide to reflect any information submitted at this time. The reopened comment period will stay open through the public meeting on June 26, 2013, and continue to remain open until July 12, 2013 to accommodate written follow-up comments that participants or the general public wish to submit after the public meeting. Comments will be accepted regardless of whether the submitter participates in the public meeting.

III. References

As indicated under **ADDRESSES** , a docket has been established for this
document under docket ID number EPA–HQ–OPPT–2010–0173. The following is a list of the documents that are specifically referenced in this
document. The docket includes these
documents and other information including documents that are referenced
within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under **FOR**

**FURTHER INFORMATION CONTACT**

.

1. EPA. Lead; Requirements for Lead-BasedPaint Activities in Target Housing and ChildOccupied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL–5389–9).

2. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register (73 FR 21692, April 22, 2008) (FRL– 8355–7).

3. EPA. Sierra Club, etc. Settlement, as amended and modified (2009, 2011, and 2012).

4. EPA. Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings; Advance Notice of Proposed Rulemaking. Federal Register (75 FR 24848, May 6, 2010) (FRL–8823–6).

5. EPA. Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings; Request for Information and Advance Notice of Public Meeting. Federal Register (77 FR 76996, December 31, 2012) (FRL–9373–7).

List of Subjects in 40 CFR Part 745

Environmental protection, Buildings and facilities, Business and industry, Lead-based paint, Hazardous substances, Public and commercial buildings, Occupational safety and health, Renovation, Repair, and Painting Program (RRP), Safety. Dated: May 6, 2013.

James Jones, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention.

[FR Doc. 2013–11316 Filed 5–10–13; 8:45 am]

**BILLING CODE 6560–50–P**

**GENERAL SERVICES**
**ADMINISTRATION**

**41 CFR Part 102–192**

**[FMR Case 2008–102–4; Docket 2008–0001; Sequence 1]** 

**RIN 3090–AI79**

**Federal Management Regulation (FMR); Mail Management; Financial**  **Requirements for All Agencies**

**AGENCY :**  Office of Governmentwide Policy, GSA.

**ACTION :**  Proposed rule.

**SUMMARY :**  The General Services Administration (GSA) is proposing to amend the Federal Management Regulation (FMR) by revising its mail management policy. A major part of the proposed revision involves the removal of the agency requirement to pay the United States Postal Service (USPS) using commercial payment processes. This proposed rule also revises the term ‘‘commercial payment process’’, removes the definition ‘‘large agency’’, requires all agencies to provide an annual mail management report, changes the date of the annual report, removes the description of facility and program mail manager responsibilities, recommends all agencies implement the process of consolidation of mail and requires all agencies to expand existing mail security policy to include guidance for employees receiving incoming and sending outgoing official mail at an alternative worksite. Finally, this proposed rule encourages agencies to
increase sustainable activities in their mail programs, and makes editorial and
technical corrections. This case is included in GSA’s retrospective review of existing regulations under Executive
Order 13563. Additional information is
available at www.gsa.gov/ improvingregulations.

**DATES :**  Interested parties should submit written comments to the Regulatory
Secretariat at one of the addressees shown below on or before July 12, 2013
to be considered in the formation of the
final rule.

**ADDRESSES :**  Submit comments in response to FMR Case 2008–102–4 by any of the following methods:

• Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FMR Case 2008–102–4’’. Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FMR Case 2008–102–4’’ on your attached document.

• Fax: 202–501–4067.

• Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th Floor, Washington,

DC 20417.

Instructions: Please submit comments only and cite FMR Case 2008–102–4, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided.

**FOR FURTHER INFORMATION CONTACT :**  For clarification of content, contact Derrick Miliner, Office of Governmentwide Policy, Mail Management Program, at 202–273–3564, or email him at derrick.miliner@gsa.gov. Please cite
FMR case 2008–102–4. For information pertaining to status or publication schedules, contact the Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, 202–501–

4755.

**SUPPLEMENTARY INFORMATION :** 
A. Background

On June 6, 2002, GSA published an
interim rule in the Federal Register (67 FR 38899) that required all payments to the United States Postal Service (USPS) be made using commercial payment processes, not the Official Mail Accounting System (OMAS). The initial conversion date of October 1, 2003, was subsequently changed to December 31, 2003 by an amendment published in the Federal Register on September 29, 2003 (68 FR 56112). Many agencies unfortunately were not able to meet this goal.

If agencies did not convert to the commercial payment process by that date, they were required to submit a deviation request for an extension. If granted, the deviation could last for no longer than a two-year period (per internal GSA policy), at which time agencies would have to request another deviation. FMR Bulletin G–01, published in the Federal Register on May 13, 2008 (73 FR 27540), granted a 12 month deviation from April 11, 2008 through April 13, 2009 for conversion to the commercial payment process. FMR Bulletin G–02 extended the period granted in FMR Bulletin G–01 to April 13, 2010. GSA granted agencies another
automatic 12-month deviation and