76118 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

EPA specifically solicits additional 

comment on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

proposes to approve a State rule 

implementing a Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: November 18, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–31252 Filed 12–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1998–0007; FRL–9499–5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Notice of 

Intent for Deletion of the State Marine 

of Port Arthur Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is issuing a 

Notice of Intent to Delete the State 

Marine of Port Arthur (SMPA) 

Superfund Site located in Port Arthur, 

Texas, from the National Priorities List 

(NPL) and requests public comments on 

this proposed action. The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Texas, through the Texas 

Commission on Environmental Quality, 

have determined that all appropriate 

response actions at these identified 

parcels under CERCLA, other than 

operations, maintenance, and Five-Year 

Reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

January 5, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1998–0007, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

internet on-line instructions for 

submitting comments. 

• Email: Rafael Casanova, 

casanova.rafael@epa.gov. 

• Fax: (214) 665–6660. 

• Mail: Rafael A. Casanova; U.S. 

Environmental Protection Agency, 

Region 6; Superfund Division (6SF–RA); 

1445 Ross Avenue, Suite 1200; Dallas, 

Texas 75202–2733. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6; 1445 Ross 

Avenue, Suite 700; Dallas, Texas 75202– 

2733; Contact: Rafael A. Casanova (214) 

665–7437. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1998– 

0007. EPA’s policy is that all comments 

received will be included in the public 

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 http:// 

www.regulations.gov or email. The 

http://www.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 http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 


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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 76119 

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 http:// 

www.regulations.gov index. 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 either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

1. U.S. Environmental Protection 

Agency, Region 6; 1445 Ross Avenue, 

Suite 700; Dallas, Texas 75202–2733; 

Hours of operation: Monday thru 

Friday, 9 a.m. to 12 p.m. and 1 p.m. to 

4 p.m. Contact: Rafael A. Casanova (214) 

665–7437. 

2. Port Arthur Public Library; 4615 

9th Avenue; Port Arthur, Texas 77642– 

5799; Hours of operation: Monday thru 

Thursday, 9 a.m. to 9 p.m.; Friday, 9 

a.m. to 6 p.m.; Saturday, 9 a.m. to 5 

p.m.; and Sunday, 2 p.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Rafael A. Casanova, Remedial Project 

Manager; U.S. Environmental Protection 

Agency, Region 6; Superfund Division 

(6SF–RA); 1445 Ross Avenue, Suite 

1200; Dallas, Texas 75202–2733; 

telephone number: (214) 665–7437; 

email: casanova.rafael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion for SMPA Superfund Site 

without prior Notice of Intent for 

Deletion because EPA views this as a 

noncontroversial revision and 

anticipates no adverse comments. We 

have explained our reason for this 

deletion in the preamble to the direct 

final Notice of Deletion, and those 

reasons are incorporated herein. If we 

receive no adverse comment(s) on this 

deletion action, we will not take further 

action on this Notice of Intent for 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Deletion and it 

will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent for Deletion. We will not institute 

a second comment period on this Notice 

of Intent for Deletion. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: November 14, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–31258 Filed 12–5–11; 8:45 am] 

BILLING CODE 6560–50–P 


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