Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76897 

OHIO PM2.5 (ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

*******

Huntington-Ashland, OH.

Adams County (part).

Monroe Township.

Sprigg Township.

Gallia County (part).

Addison Township.

Cheshire Township.

Lawrence County.

Scioto County ................................................................................................................................................... 12/31/12 Attainment. 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2012–31276 Filed 12–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0941; FRL–9369–8] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances; Removal of 

Significant New Use Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is removing significant 

new use rules (SNURs) promulgated 

under the Toxic Substances Control Act 

(TSCA) for four chemical substances 

which were the subject of 

premanufacture notices (PMNs). EPA 

published these SNURs using direct 

final rulemaking procedures. EPA 

received notice of intent to submit 

adverse comments on these rules. 

Therefore, the Agency is removing these 

SNURs, as required under the expedited 

SNUR rulemaking process. EPA intends 

to publish in the near future proposed 

SNURs for these four chemical 

substances under separate notice and 

comment procedures. 

DATES: This final rule is effective 

December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

Moss.Kenneth@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. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

September 21, 2012 (77 FR 58666) 

(FRL–9357–2). If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What rules are being removed? 

In the Federal Register of September 

21, 2012 (77 FR 58666), EPA issued 

several direct final SNURs, including 

SNURs for the chemical substances that 

are the subject of this removal. These 

direct final rules were issued pursuant 

to the procedures in 40 CFR part 721, 

subpart D. In accordance with 

§ 721.160(c)(3)(ii), EPA is removing 

these rules issued for four chemical 

substances which were the subject of 

PMNs P–07–204, P–10–58, P–10–59, 

and P–10–60, because the Agency 

received notice of intent to submit 

adverse comments without sufficient 

time to respond prior to the effective 

date of the rules. EPA intends to publish 

proposed SNURs for these chemical 

substances under separate notice and 

comment procedures. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNURs for the chemical substances that 

are being removed was established at 

EPA–HQ–OPPT–2011–0941. That 

record includes information considered 

by the Agency in developing this rule 

and the notice of intent to submit 

adverse comments. 

III. How do I access the docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID number EPA–HQ– 

OPPT–2011–0941. Additional 

information about the Docket Facility is 

provided under ADDRESSES in the 

Federal Register of September 21, 2012 

(77 FR 58666). If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. Statutory and Executive Order 

Reviews 

This final rule removes existing 

regulatory requirement and does not 

contain any new or amended 

requirements. As such, the Agency has 

determined that this removal will not 

have any adverse impacts, economic or 

otherwise. The statutory and executive 

order review requirements applicable to 

the direct final rule were discussed in 

the Federal Register of September 21, 

2012 (77 FR 58666). Those review 

requirements do not apply to this action 

because it is a removal and does not 

contain any new or amended 

requirements. 

V. Congressional Review Act (CRA) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 


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76898 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

of the United States. 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 rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 17, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. The table in § 9.1 is amended by 

removing the entries ‘‘§ 721.10509’’ and 

‘‘§ 721.10515’’ under the undesignated 

center heading ‘‘Significant New Uses of 

Chemical Substances.’’ 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10509 [Removed] 

■ 4. Remove § 721.10509. 

§ 721.10515 [Removed] 

■ 5. Remove § 721.10515. 

[FR Doc. 2012–31403 Filed 12–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

RIN 1093–AA15 

Freedom of Information Act 

Regulations 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises the 

regulations that the Department of the 

Interior (the ‘‘Department’’) follows in 

processing records under the Freedom 

of Information Act (‘‘FOIA’’). The 

revisions clarify and update procedures 

for requesting information from the 

Department and procedures that the 

Department follows in responding to 

requests from the public. The revisions 

also incorporate clarifications and 

updates resulting from changes to the 

FOIA and case law. Finally, the 

revisions include current cost figures to 

be used in calculating and charging fees 

and increase the amount of information 

that members of the public may receive 

from the Department without being 

charged processing fees. 

DATES: Effective January 30, 2013. 

SUPPLEMENTARY INFORMATION: 

I. Why We’re Publishing This Rule and 

What It Does 

A. Introduction 

The regulations are being revised to 

update, clarify, and streamline the 

language of procedural provisions, and 

to incorporate certain changes brought 

about by the amendments to the FOIA 

under the OPEN Government Act of 

2007, Public Law 110–175, 121 Stat. 

2524. Additionally, the regulations are 

being updated to reflect developments 

in the case law and to include current 

cost figures to be used in calculating 

and charging fees. 

The revisions also incorporate 

changes to the language and structure of 

the FOIA regulations in order to 

improve the Department’s FOIA 

performance. More nuanced multitrack 

processing can be found at § 2.15. 

Partial fee waivers are expressly 

permitted under § 2.45. Revisions of the 

Department’s fee schedule can be found 

at §§ 2.42, 2.49(a)(1), and Appendix A. 

The duplication charge for physical 

records or scanning records increased 

from thirteen to fifteen cents a page. The 

amount at or below which the 

Department will not charge a fee 

increased from $30.00 to $50.00. 

On September 13, 2012, the 

Department published a proposed rule 

in the Federal Register (77 FR 56592) 

and requested comments over a 60-day 

period ending on November 13, 2012. 

All comments received were considered 

in drafting this final rule. 

B. Discussion of Comments 

Six commenters responded to the 

invitation for comments, including one 

commenter from a subcomponent of a 

Federal agency and five commenters 

from non-Federal sources. While most 

of the commenters generally supported 

the proposed changes, they identified 

thirty specific issues or 

recommendations, which the 

Department addressed as follows: 

The Final Rule Should Include More 

Information in Its Introductory Section 

One commenter suggested that § 2.1 

discuss how to submit a FOIA request 

(and also expressed concern that the 

regulations might only allow FOIA 

requests to be submitted to the 

Department electronically). Because 

§ 2.3 directly addresses where to send a 

FOIA request (and specifically discusses 

where to find the physical and email 

addresses of each bureau’s FOIA 

Officer), the Department has not 

adopted this suggestion. 

The Final Rule Should Not Create 

Unnecessary Burdens for Requesters 

One commenter suggested that 

requiring requesters to ‘‘write directly to 

the bureau that you believe maintains 

those records’’ in § 2.3(b) was overly 

burdensome and creates barriers to 

access, because requesters may not 

know where the records are maintained. 

However, § 2.3(d) specifically notes that 

‘‘[q]uestions about where to send a 

FOIA request should be directed to the 

bureau that manages the underlying 

program or to the appropriate FOIA 

Public Liaison, as discussed in § 2.66.’’ 

Therefore, the Department does not 

believe § 2.3 is unduly burdensome and 

has not amended it. 

The Final Rule Should Provide 

Examples of How Requesters Can 

Reasonably Describe the Records They 

Seek 

One commenter suggested that 

examples of how requesters can 

reasonably describe the records they 

seek be added to § 2.5(b), and the 

Department has adopted this suggestion. 

The Final Rule Should Not Use the 

Ambiguous Phrase ‘‘Does Not Hear 

From You’’ 

One commenter suggested, in the 

context of § 2.5, that the use of ‘‘does 

not hear from you’’ was ambiguous. The 

Department has adopted this suggestion 


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