14224 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 

statement requirements of sections 

182(a)(1) and 182(a)(3), respectively. 

EPA is also proposing to approve, as a 

revision to the Michigan SIP, the state’s 

maintenance plan for the area. The 

maintenance plan is designed to keep 

the Detroit area in attainment of the 

2015 ozone NAAQS through 2035. EPA 

is proposing to determine that upon 

final approval of Michigan’s 2017 base 

year emissions inventory, emission 

statement SIP, and maintenance plan 

SIP, the area will have met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. EPA is 

thus proposing to change the legal 

designation of the Detroit area from 

nonattainment to attainment for the 

2015 ozone NAAQS. Finally, EPA is 

proposing to approve the newly 

established 2025 and 2035 motor 

vehicle emissions budgets for the 

Detroit area and initiating the adequacy 

process for these budgets. 

IX. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Michigan Act 451, Section 5503, 

effective March 30, 1995. EPA has 

made, and will continue to make, these 

documents generally available through 

www.regulations.gov and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

X. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, the proposed 

actions to approve Michigan’s SIP 

submissions merely approve state law as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by state law. For 

these reasons, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 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 U.S.C. 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 7, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–05253 Filed 3–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–OLEM–2021–0946; FRL–9334– 

01–OLEM] 

Standards and Practices for All 

Appropriate Inquiries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the Standards and Practices for All 

Appropriate Inquiries to reference a 

standard practice recently made 

available by ASTM International, a 

widely recognized standards 

development organization. Specifically, 

EPA is proposing to amend the All 

Appropriate Inquiries Rule to reference 

ASTM International’s E1527–21 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act. In the ‘‘Rules and Regulations’’ 

section in this issue of Federal Register, 

EPA is amending the All Appropriate 

Inquiries Rule to reference ASTM 

International’s E1527–21 standard 

practice as a direct final rule without a 

prior proposed rule. If we receive no 

adverse comment, we will not take 

further action on this proposed rule. 

DATES: Written comments must be 

received by April 13, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2021–0946 at 

www.regulations.gov: Follow the on-line 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 14225 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI and multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: For 

more detailed information on specific 

aspects of this proposed rule, contact 

Patricia Overmeyer, Office of 

Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460–0002, 202– 

566–2774, or Overmeyer.patricia@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Why is EPA issuing this proposed rule? 

II. Does this action apply to me? 

III. What should I consider as I prepare my 

comments for EPA? 

IV. Statutory Authority 

V. Background 

VI. What action is EPA taking today? 

VII. Statutory and Executive Order Reviews 

I. Why is EPA issuing this proposed 

rule? 

With this action EPA proposes to 

amend the All Appropriate Inquiries 

Rule at 40 CFR part 312 to reference 

ASTM International’s E1527–21 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under CERCLA. 

We published a direct final rule 

amending the All Appropriate Inquiries 

Rule to reference the ASTM E1527–21 

standard and allow for its use to comply 

with the All Appropriate Inquiries Rule 

in the ‘‘Rules and Regulations’’ section 

in this issue of the Federal Register 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We explained our 

reasons for this action in the preamble 

to the direct final rule. 

If EPA receives no adverse comment, 

we will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

will then address all public comments 

in any subsequent final rule based on 

this proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting on this proposal must do 

so at this time or the direct final rule 

will take effect. For further information, 

please see the information provided in 

the ADDRESSES section of this document. 

II. Does this action apply to me? 

This action offers certain parties the 

option of using an available industry 

standard to conduct all appropriate 

inquiries. Parties purchasing potentially 

contaminated properties will be able to 

use the ASTM E1527–21 standard 

practice to comply with the all 

appropriate inquiries requirements of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). This proposed rule will 

not require any entity to use this 

standard. Any party who wants to claim 

protection from liability under one of 

CERCLA’s landowner liability 

protections may follow the regulatory 

requirements of the All Appropriate 

Inquiries Rule at 40 CFR part 312, use 

the ASTM E1527–13 standard, use the 

ASTM E2247–16 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process for Forestland or Rural 

Property,’’ or use the standard 

recognized in this proposed rule, the 

ASTM E1527–21 standard. 

Entities potentially affected by this 

action, or who may choose to use the 

newly referenced ASTM standard to 

perform all appropriate inquiries, 

include public and private parties who, 

as bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners, are purchasing 

potentially contaminated properties and 

wish to establish a limitation on 

CERCLA liability in conjunction with 

the property purchase. In addition, any 

entity conducting a site characterization 

or assessment on a property with a 

brownfields grant awarded under 

CERCLA section 104(k)(2)(B)(ii) may be 

affected by this action. This includes 

state, local and Tribal governments that 

receive brownfields site assessment 

grants. A summary of the potentially 

affected industry sectors (by North 

American Industry Classification 

System (NAICS) codes) is displayed in 

the table below. 

Industry category NAICS code 

Real Estate ................... 531 

Insurance ...................... 52412 

Banking/Real Estate 

Credit.

522292 

Environmental Consulting Services.54162 

State, Local and Tribal 

Government.

926110, 925120 

Federal Government .... 925120, 921190, 924120 

The list of potentially affected entities 

in the above table may not be 

exhaustive. Our aim is to provide a 

guide for readers regarding those 

entities that EPA is aware potentially 

could be affected by this action. 

However, this action may affect other 

entities not listed in the table. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT Section of this document. 

III. What should I consider as I prepare 

my comments for EPA? 

Direct your comments to Docket ID 

No. EPA–HQ–OLEM–2021–0946. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at 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. 

A. Submitting CBI: Do not submit any 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. You can 

only submit CBI to EPA via U.S. mail at: 

HQ EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW, Washington, DC 20460. 

Clearly mark all information that you 

claim to be CBI. For CBI submitted on 

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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B. Tips for Preparing Your Comments: 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns and suggested 

alternative. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

The www.regulations.gov website 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 

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 

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 or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at https://

www2.epa.gov/edockets/commentingepa-dockets. 

C. The docket: All documents in the 

docket are listed in the 

www.regulations.gov index. Certain 

types of information claimed as CBI, 

and other information whose disclosure 

is restricted by statute, will not be 

available for public viewing in EPA’s 

electronic public docket. EPA’s policy is 

that copyrighted material, such as 

ASTM International’s E1527–21 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ will not be placed in EPA’s 

electronic public docket but will be 

publicly available only in printed form 

in the official public docket. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460. Please note: Due to public health 

concerns related to COVID–19, the EPA 

Docket Center and Reading Room are 

open to the public by appointment only, 

and walk-ins are not allowed. Visitors to 

the Reading Room must complete 

docket material requests in advance and 

then make an appointment to retrieve 

the material. Please contact the EPA 

Reading Room staff at (202) 566–1744 or 

via the Dockets Customer Service email 

at docket-customerservice@epa.gov to 

arrange material requests and 

appointments. 

IV. Statutory Authority 

EPA is proposing to amend the All 

Appropriate Inquiries Rule that sets 

Federal standards for the conduct of ‘‘all 

appropriate inquiries’’ at 40 CFR part 

312. The All Appropriate Inquiries Rule 

sets forth standards and practices 

necessary for fulfilling the requirements 

of CERCLA section 101(35)(B) as 

required to obtain CERCLA liability 

protection and for conducting site 

characterizations and assessments with 

the use of brownfields grants per 

CERCLA section 104(k)(2)(B)(ii). 

V. Background 

On January 11, 2002, President Bush 

signed the Small Business Liability 

Relief and Brownfields Revitalization 

Act (‘‘the Brownfields Amendments’’). 

In general, the Brownfields 

Amendments to CERCLA provide funds 

to assess and cleanup brownfields sites; 

clarify existing and establish new 

CERCLA liability provisions related to 

certain types of owners of contaminated 

properties; and provide funding to 

establish or enhance State and Tribal 

cleanup programs. The Brownfields 

Amendments revised some of the 

provisions of CERCLA section 101(35) 

and limited liability under section 107 

for bona fide prospective purchasers 

and contiguous property owners, in 

addition to clarifying the requirements 

necessary to establish the innocent 

landowner liability protection under 

CERCLA. The Brownfields Amendments 

clarified the requirement that parties 

purchasing potentially contaminated 

property undertake ‘‘all appropriate 

inquiries’’ into prior ownership and use 

of property before purchasing the 

property to qualify for protection from 

CERCLA liability. 

The 2002 Brownfields Amendments 

to CERCLA required EPA to develop 

regulations establishing standards and 

practices for how to conduct all 

appropriate inquiries. EPA promulgated 

regulations that set standards and 

practices for all appropriate inquiries on 

November 1, 2005 (70 FR 66070). In the 

regulation, EPA referenced, and 

recognized as compliant with the rule, 

the ASTM E1527–05 ‘‘Standard Practice 

for Environmental Site Assessments: 

Phase I Environmental Site Assessment 

Standard Process.’’ In December 2008, 

EPA used a direct final rule to amend 

the All Appropriate Inquiries Rule to 

recognize another ASTM standard as 

compliant, ASTM E2247–08 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process for Forestland 

or Rural Property.’’ Both standards, the 

ASTM E1527–05 and the ASTM E2247– 

08, were subsequently revised by ASTM 

International, and the revised versions 

were referenced by EPA as compliant 

with the All Appropriate Inquiries Rule. 

EPA referenced the ASTM E1527–13 

standard on August 15, 2013 (78 FR 

49690) and referenced the ASTM 

E2247–16 standard on September 15, 

2017 (82 FR 43310). Currently, the All 

Appropriate Inquiries Rule (40 CFR part 

312) allows for the use of the ASTM 

E1527–13 standard or the ASTM E2247– 

16 standard to conduct all appropriate 

inquiries, in lieu of following 

requirements included in the Rule. 

Once this action is final, the All 

Appropriate Inquiries Rule also will 

allow for the use of the ASTM E1527– 

21 standard. 

Recently, ASTM International 

published a revised standard for 

conducting Phase I environmental site 

assessments. This standard, ASTM 

E1527–21, ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process,’’ was reviewed by EPA, and 

determined by EPA to be compliant 

with the requirements of the All 

Appropriate Inquiries Rule. 

VI. What action is EPA taking today? 

This action will amend the All 

Appropriate Inquiries Rule to allow for 

the use of ASTM E1527–21 to conduct 

all appropriate inquiries as required 

under CERCLA for establishing the bona 

fide prospective purchaser, contiguous 

property owner, and innocent 

landowner liability protections. 

With this proposed action, parties 

seeking liability relief under CERCLA’s 

landowner liability protections, as well 

as recipients of brownfields grants for 

conducting site assessments, will be 

considered in compliance with the 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Proposed Rules 14227 

requirements for all appropriate 

inquiries if such parties comply with 

the procedures provided in the ASTM 

E1527–21, ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ EPA determined that it is 

reasonable to promulgate this 

clarification as a direct final rule that is 

effective immediately, rather than delay 

promulgation of the clarification until 

after receipt and consideration of public 

comments. EPA made this 

determination based upon the Agency’s 

finding that the ASTM E1527–21 

standard is compliant with the All 

Appropriate Inquiries Rule, and the 

Agency sees no reason to delay allowing 

for its use in conducting all appropriate 

inquiries. 

The Agency notes that this action will 

not require any party to use the ASTM 

E1527–21 standard. Any party 

conducting all appropriate inquiries to 

comply with CERCLA’s bona fide 

prospective purchaser, contiguous 

property owner, and innocent 

landowner liability protections may 

continue to follow the provisions of the 

All Appropriate Inquiries Rule at 40 

CFR part 312, or continue to use either 

the ASTM E1527–13 standard or use the 

ASTM E2247–16 standard. 

This proposed action merely will 

allow for the use of the ASTM E1527– 

21 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process’’ for those parties purchasing 

potentially contaminated properties 

who want to use the ASTM E1527–21 

standard in lieu of the following specific 

requirements of the All Appropriate 

Inquiries Rule. 

The Agency notes that there are no 

legally significant differences between 

the regulatory requirements and the 

ASTM E1527 standards. To facilitate an 

understanding of the slight differences 

between the All Appropriate Inquiries 

Rule, the ASTM E1527–13 ‘‘Phase I 

Environmental Site Assessment 

Standard,’’ and the revised ASTM 

E1527–21 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process,’’ as well as the applicability of 

the E1527–21 standard for certain types 

of properties, EPA developed, and 

placed in the docket for this proposed 

action, the document ‘‘Comparison of 

All Appropriate Inquiries Regulation, 

the ASTM E1527–13 Phase I 

Environmental Site Assessment Process, 

and ASTM E1527–21 Phase I 

Environmental Site Assessment 

Process.’’ The document provides a 

comparison of the two ASTM E1527 

standards. 

EPA’s proposed action includes no 

changes to the All Appropriate Inquiries 

Rule other than to add an additional 

reference to the new ASTM E1527–21 

standard. EPA is not seeking comments 

on the standards and practices included 

in the All Appropriate Inquiries Rule 

published at 40 CFR part 312. Also, EPA 

is not seeking comments on the ASTM 

E1527–21 standard. EPA’s only action 

with this proposed rule is recognition of 

the ASTM E1527–21 standard as 

compliant with the All Appropriate 

Inquiries Rule and, therefore, it is only 

this action on which the Agency is 

seeking comment. 

EPA is proposing this action because 

the Agency wants to provide additional 

flexibility for brownfields grant 

recipients or other entities that may 

benefit from the use of the ASTM 

E1527–21 standard. We believe that this 

proposed action will allow for the use 

of a tailored standard that was 

developed by a recognized standards 

developing organization, reviewed by 

EPA, and determined to be equivalent to 

the Agency’s All Appropriate Inquiries 

Rule. This action does not disallow the 

use of the previously recognized 

standards (ASTM E1527–13 or ASTM 

E2247–16), and it will not alter the 

requirements of the previously 

promulgated All Appropriate Inquiries 

Rule. In addition, this proposal 

potentially will increase flexibility for 

some parties who may make use of the 

new standard, without placing any 

additional burden on those parties who 

prefer to use either the ASTM E1527–13 

standard or the ASTM E2247–16 or to 

follow the requirements of the All 

Appropriate Inquiries Rule when 

conducting all appropriate inquiries. 

By proposing this action, EPA is 

fulfilling the intent and requirements of 

the National Technology Transfer and 

Advancement Act (NTTAA), Public Law 

104–113. 

VII. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the discussion in the 

‘‘Statutory and Executive Order 

Reviews’’ section to the preamble for the 

direct final rule that is published in the 

‘‘Rules and Regulations’’ section in this 

issue of the Federal Register. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this proposed action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to OMB review. 

This action merely amends the All 

Appropriate Inquiries Rule to reference 

ASTM International’s E1527–21 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under CERCLA. 

This action does not impose any 

requirements on any entity, including 

small entities. Therefore, pursuant to 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), after considering the 

economic impacts of this action on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

List of Subjects in 40 CFR Part 312 

Administrative practice and 

procedure, Hazardous substances. 

Barry N. Breen, 

Acting Assistant Administrator, Office of 

Land and Emergency Management. 

[FR Doc. 2022–05260 Filed 3–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FF09E21000 FXES1111090FEDR 223] 

Endangered and Threatened Wildlife 

and Plants; Three Species Not 

Warranted for Listing as Endangered 

or Threatened Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of findings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

findings that three species are not 

warranted for listing as endangered or 

threatened species under the 

Endangered Species Act of 1973, as 

amended (Act). After a thorough review 

of the best available scientific and 

commercial information, we find that it 

is not warranted at this time to list 

Blanco blind salamander (Eurycea 

robusta), Georgia bully (Sideroxylon 

thornei), and Rio Grande cooter 

(Pseudemys gorzugi). However, we ask 

the public to submit to us at any time 

any new information relevant to the 

status of any of the species mentioned 

above or their habitats. 

DATES: The findings in this document 

were made on March 14, 2022. 

ADDRESSES: Detailed descriptions of the 

bases for these findings are available on 

the internet at https://

www.regulations.gov under the 

following docket numbers: 


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