76996 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

human health, including but not limited 

to disease transmitting bacteria or 

viruses, or claims to control insects or 

rodents carrying specific diseases, 

including, but not limited to ticks that 

carry Lyme disease. 

(iii) Company name and contact 

information. 

(A) The name of the producer or the 

company for whom the product was 

produced must appear on the product 

label. If the company whose name 

appears on the label in accordance with 

this paragraph is not the producer, the 

company name must be qualified by 

appropriate wording such as ‘‘Packed 

for * * *,’’ ‘‘Distributed by * * *,’’ or 

‘‘Sold by * * *’’ to show that the name 

is not that of the producer. 

(B) Contact information for the 

company specified in accordance with 

paragraph (f)(3)(iii)(A) of this section 

must appear on the product label 

including the street address plus ZIP 

code and the telephone phone number 

of the location at which the company 

may be reached. 

(C) The company name and contact 

information must be displayed 

prominently on the product label. 

(iv) The product must not include any 

false and misleading labeling 

statements, including those listed in 

§ 156.10(a)(5)(i) through (viii). 

(v) Guidance on minimum risk 

pesticides is available at http:// 

www.epa.gov/oppbppd1/biopesticides/ 

regtools/25b_list.htm (or successor web 

pages at http://www.epa.gov). This 

advisory information includes guidance 

on label formats, explanation of when 

exemptions from the requirements of a 

tolerance should be consulted, and 

tables in alternative formats that may be 

suitable for some users. 

[FR Doc. 2012–31188 Filed 12–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2010–0173; FRL–9373–7] 

RIN 2070–AJ56 

Lead; Renovation, Repair, and Painting 

Program for Public and Commercial 

Buildings; Request for Information and 

Advance Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for information and 

advance notice of public meeting. 

SUMMARY: In 2010, EPA issued an 

advance notice of proposed rulemaking 

(2010 ANPRM) concerning renovation, 

repair, and painting activities on and 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 opens a 

comment period to allow for additional 

data and other information to be 

submitted by the public and interested 

stakeholders. This document also 

provides advance notice of EPA’s plan 

to hold a public meeting on June 26, 

2013. 

DATES: Comments must be received on 

or before April 1, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (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.htm. 

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 

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 

departments, government, 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. 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. 


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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76997 

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. Respond to specific 

questions posed by the Agency. 

iii. Explain why you agree or disagree; 

suggest alternatives. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

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 is 

most 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 and 

commercial 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, 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 leadbased 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. 

With this document, EPA is providing 

advance notice that it plans to hold the 

public meeting on June 26, 2013, and 

will provide more information about the 

public meeting in a subsequent 

document it intends to publish in the 

Federal Register in the spring of 2013. 

EPA also agreed to 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. This document, 

therefore, opens a comment period to 

allow the public to submit additional 

information and data pertaining to 

renovation, repair, and painting 

activities in and on public or 

commercial buildings. EPA plans to 

issue a discussion guide no later than 2 

weeks before the public meeting. EPA 

expects the discussion guide to describe 

the information received during this 

comment period. Of particular interest 

to EPA for developing a proposed rule 

is information concerning: 

1. The manufacture, sale, and uses of 

lead-based paint after 1978. 

2. The use of lead-based paint in and 

on public and commercial buildings. 

3. The frequency and extent of 

renovations on public and commercial 

buildings. 

4. Work practices used in renovation 

of public and commercial buildings. 

5. Dust generation and transportation 

from exterior and interior renovations of 

public and commercial buildings. 

These topical descriptions offer only 

a short characterization of the 

information that EPA is interested in. 

The 2010 ANPRM contains a 

comprehensive history of this 

rulemaking and the lead program in 

general, a review of some of the relevant 

information EPA has already gathered 

and reviewed, and more detail on the 

information sought for the public 

meeting (Ref. 4). 

EPA is seeking information from all 

sources and regarding all types of 

potentially affected businesses and 

other stakeholders, including small 

businesses. Information regarding work 

practices typically used by small 

businesses, as well as information on 

costs and other potential regulatory 

impacts on small businesses, 

particularly those that would uniquely 

affect small businesses, would be useful 

to EPA in developing any proposed rule 

for renovation, repair, and painting 

activities in and on public or 

commercial buildings. 

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. 

1. EPA. Lead; Requirements for Lead-Based 

Paint Activities in Target Housing and 

Child-Occupied 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; Advanced Notice 

of Proposed Rulemaking. Federal 

Register (75 FR 24848, May 6, 2010) 

(FRL–8823–6). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Buildings 

and facilities, Business and industry, 


srobinson on DSK4SPTVN1PROD with 
76998 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

Lead- based paint, Hazardous 

substances, Public and commercial 

buildings, Occupational safety and 

health, Renovations, Repair, and 

Painting Program (RRP), Safety. 

Dated: December 20, 2012. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2012–31532 Filed 12–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002: Internal 

Agency Docket No. FEMA–B–1184] 

Proposed Flood Elevation 

Determinations for Nobles County, MN, 

and Incorporated Areas 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

withdrawing its proposed rule 

concerning proposed flood elevation 

determinations for Nobles County, 

Minnesota, and Incorporated Areas. 

DATES: This withdrawal is effective on 

December 31, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1184, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4064, 

or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: On April 

27, 2011, FEMA published a proposed 

rulemaking at 76 FR 23528, proposing 

flood elevation determinations along 

one or more flooding sources in Nobles 

County, Minnesota and Incorporated 

Areas. Because FEMA has or will be 

issuing a Revised Preliminary Flood 

Insurance Rate Map, and if necessary a 

Flood Insurance Study report, featuring 

updated flood hazard information, the 

proposed rulemaking is being 

withdrawn. A Notice of Proposed Flood 

Hazard Determinations will be 

published in the Federal Register and in 

the affected community’s local 

newspaper. 

Authority: 42 U.S.C. 4104; 44 CFR 67.4. 

James A. Walke, 

Acting Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2012–31340 Filed 12–28–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1089] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On May 25, 2010, FEMA 

published in the Federal Register a 

proposed rule that contained an 

erroneous table. This notice provides 

corrections to that table, to be used in 

lieu of the information published at 75 

FR 29219. The table provided here 

represents the flooding sources, location 

of referenced elevations, effective and 

modified elevations, and communities 

affected for Butler County, Kentucky, 

and Incorporated Areas. Specifically, it 

addresses the following flooding 

sources: Barren River (backwater effects 

from Green River), Big Bull Creek 

(backwater effects from Green River), 

Big Reedy Creek (backwater effects from 

Green River), Deerlick Creek (backwater 

effects from Green River), Deerlick 

Creek Tributary 6 (backwater effects 

from Green River), East Prong Indian 

Camp Creek (backwater effects from 

Green River), Gary Creek (backwater 

effects from Green River), Grassy Lick 

Creek (backwater effects from Green 

River), Green River, Hickory Camp 

Creek (backwater effects from Green 

River), Hickory Camp Creek Tributary 1 

(backwater effects from Green River), 

Indian Camp Creek (backwater effects 

from Green River), Lindsey Creek 

(backwater effects from Green River), 

Little Bull Creek (backwater effects from 

Green River), Little Reedy Creek 

(backwater effects from Green River), 

Meffords Branch (backwater effects from 

Green River), Meffords Branch Tributary 

4 (backwater effects from Green River), 

Mud River (backwater effects from 

Green River), Mud River Tributary 17 

(backwater effects from Green River), 

Mud River Tributary 17.2 (backwater 

effects from Green River), Muddy Creek 

(backwater effects from Green River), 

Muddy Creek Tributary 18 (backwater 

effects from Green River), Muddy Creek 

Tributary 27 (backwater effects from 

Green River), Muddy Creek Tributary 

39.1 (backwater effects from Green 

River), Panther Creek (backwater effects 

from Green River), Pipe Spring Hollow 

(backwater effects from Green River), 

Pitman Creek (backwater effects from 

Green River), Pitman Creek Tributary 3 

(backwater effects from Green River), 

Renfrow Creek (backwater effects from 

Green River), Renfrow Creek Tributary 6 

(backwater effects from Green River), 

Renfrow Creek Tributary 7 (backwater 

effects from Green River), Renfrow 

Creek Tributary 8 (backwater effects 

from Green River), Renfrow Creek 

Tributary 9 (backwater effects from 

Green River), Rosy Creek (backwater 

effects from Green River), Sandy Creek 

(backwater effects from Green River), 

Sandy Creek Tributary 5 (backwater 

effects from Green River), Tallow 

Branch (backwater effects from Green 

River), Welch Creek (backwater effects 

from Green River), West Prong Indian 

Camp Creek (backwater effects from 

Green River), and Wolfpen Hollow 

(backwater effects from Green River). 

DATES: Comments are to be submitted 

on or before April 1, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1089, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4064 

or (email) luis.rodriguez3@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064 or (email) 

luis.rodriguez3@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), in 

accordance with section 110 of the 


srobinson on DSK4SPTVN1PROD with