### 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.


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

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 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, 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,


### 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 proposeddeterminations 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