39262 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules

TAPA. EPA is simultaneously proposing

to approve the amendments to A.R.S.

2083, 2122 and 2125, which were

included as part of the LMP, following

a public hearing on August 20, 1997, as

a revision to the Arizona SIP.

EPA is proposing in this notice to

approve Arizona’s request for

redesignation to attainment for the

TAPA area if, prior to that action, ADEQ

submits a SIP revision containing the

amendments that were made to A.R.S.

49–406 providing for the inclusion of

attainment areas, as well as

nonattainment areas, in the legislation

providing county and state assurances

that emission control measure

commitments in the nonattainment area

plan would be fully implemented as

required by Section 110(a)(2)(E) of the

CAA.

EPA is soliciting public comments on

this document and on issues relevant to

EPA’s proposed action. Comments will

be considered before taking final action.

Interested parties may participate in the

federal rule making procedure by

submitting written comments to the

person and address listed in the

ADDRESSES section at the beginning of

this document.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

This proposed rule is not subject to

E.O. 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks, because it is not

an ‘‘economically significant’’ action

under E.O. 12866 and because it does

not involve decisions on environmental

health or safety risk.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities ( 5 U.S.C. 603

and 604). Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Redesignation of an area to attainment

under section 107(d)(3)(E) of the CAA,

does not impose any new requirements

on small entities. Redesignation is an

action that affects the status of a

geographical area and does not impose

any regulatory requirements on sources.

SIP approvals under sections 110 and

301(a) and subchapter I, Part D of the

CAA do not create any new

requirements, but simply approve the

requirements that the State is already

imposing. Therefore, the Administrator

certifies that the approval of the SIP

revisions and redesignation will not

affect a substantial number of small

entities. Moreover, due to the nature of

the Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base Agency actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 256–66 (S. Ct. 1976); 42 U.S.C.

7410 (a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that this

proposed approval action does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

dioxide.

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

Dated: July 13, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

[FR Doc. 98–19519 Filed 7–21–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 745

[OPPTS–62156A; FRL–6017–4]

RIN 2070–AC63

Identification of Dangerous Levels of

Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of comment period.

SUMMARY: EPA is extending the

comment period for a proposed rule to

establish standards for lead-based paint

hazards in most pre-1978 housing and

child-occupied facilities under authority

of TSCA section 403. The proposed rule

also establishes, under authority of

TSCA section 402, residential lead dust

cleanup levels and amendments to dust

and soil sampling requirements and,

under authority of TSCA section 404,

amendments to State program

authorization requirements.

DATES: Written comments in response to

this proposed rule must be received on

or before October 1, 1998.

ADDRESSES: Each comment must bear

the docket control number OPPTS62156. All comments should be sent in

triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G099, East Tower, Washington, DC

20460.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. No

Confidential Business Information (CBI)

should be submitted through e-mail.

All comments which contain

information claimed as CBI must be

clearly marked as such. Three copies,

sanitized of any comments containing

information claimed as CBI, must also

be submitted and will be placed in the

public record for this rulemaking.

Persons submitting information, any

portion of which they believe is entitled

to treatment as CBI by EPA, must assert

a business confidentiality claim in

accordance with 40 CFR 2.203(b) for

each such portion. This claim must be

made at the time that the information is

submitted to EPA. If a submitter does

not assert a confidentiality claim at the

time of submission, EPA will consider

this as a waiver of any confidentiality

claim and the information may be made

available to the public by EPA without

further notice to the submitter.

If requested, EPA will schedule public

meetings where oral comments will be

heard. EPA will announce in the
Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules 39263

Federal Register the time and place of

any public meetings. Oral statements

will be scheduled on a first come first

serve basis by calling the telephone

number listed in the Federal Register

notice that announces these meetings.

All statements will be made part of the

public record and will be considered in

the development of the final rule.

FOR FURTHER INFORMATION CONTACT: For

general information contact: National

Lead Information Center’s

Clearinghouse, 1–800–424–LEAD(5323).

For technical and policy questions

contact: Jonathan Jacobson, (202) 260–

3779;

jacobson.jonathan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 3, 1998 (63 FR

30302)(FRL–5791–9), EPA issued a

proposed rule under Title IV of the

Toxic Substances Control Act

(TSCA)(15 U.S.C. 2683, 2682, and 2684).

Section 403 of TSCA directs EPA to

promulgate regulations identifying leadbased paint hazards, lead-contaminated

dust, and lead-contaminated soil.

Section 402 of TSCA directs EPA to

promulgate regulations governing leadbased paint activities. Section 404 of

TSCA requires that any State that seeks

to administer and enforce the

requirements established by the Agency

under section 402 of TSCA must submit

to the Administrator a request for

authorization of such a program. The

proposed rule provided for a 90–day

public comment period. In response to

requests by interested parties, EPA is

extending the comment period on its

proposed rule by 30 days. Comments

must now be received by October 1,

1998.

List of Subjects in 40 CFR Part 745

Environmental protection, Hazardous

substances, Lead-based paint, Lead

poisoning, Reporting and recordkeeping

requirements.

Dated: July 15, 1998.

Willliam H. Sanders,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 98–19521 Filed 7–21–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL MARITIME COMMISSION

46 CFR Part 503

[Docket No. 98–11]

Availability of Records to the Public—

Electronic Freedom of Information Act

AGENCY: Federal Maritime Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Maritime

Commission proposes to revise its

regulations on public access to

Commission records, materials, and

information in order to clarify existing

rules, provide information concerning

the electronic availability of information

and records, and to incorporate the

requirements of the Electronic Freedom

of Information Act Amendments of

1996.

DATES: Submit comments on or before

August 21, 1998.

ADDRESSES: Address all comments

concerning this proposed rule to: Joseph

C. Polking, Secretary, Federal Maritime

Commission, 800 North Capitol St., NW,

Room 1046, Washington, DC 20573–

0001.

FOR FURTHER INFORMATION CONTACT:

Joseph C. Polking, Secretary, Federal

Maritime Commission, 800 North

Capitol St., NW, Room 1046,

Washington, DC 20573–0001, (202) 523–

5725, E-mail: secretary@fmc.gov.

SUPPLEMENTARY INFORMATION: The

Electronic Freedom of Information Act

Amendments of 1996 (‘‘EFOIA’’) Pub. L.

104–231, 110 Stat. 3408, provides for

the availability of government records

maintained in electronic form, and

encourages the use of new technology to

enhance public access to government

information. It also provides for more

time and greater flexibility in the

processing of requests for information

under the Freedom of Information Act

(‘‘FOIA’’), 5 U.S.C. 552. The

Commission’s rules at 46 CFR 503,

subparts C and D, govern the availability

of Commission records and procedures

for requesting information under the

FOIA. The Commission now proposes to

update those subparts to reflect the

changes made by EFOIA. In addition,

modifications are proposed to clarify

and reorganize the subparts.

Clarification and Reorganization of

Subparts C and D

The proposed rule would reorganize

subparts C and D. Subpart C currently

identifies records that are required by

FOIA to be made available for public

inspection and copying, and for which

a FOIA request is not required. Subpart

D also contains procedures for obtaining

records without resort to a FOIA

request, as well as procedures for

requesting records pursuant to FOIA.

Under the proposed rule subpart C

would concern itself with information

that is made available without requiring

a FOIA request, while subpart D is

confined to procedures for obtaining

information through a FOIA request.

The proposed rule also changes

subpart and section headings where

doing so is more descriptive. In various

places throughout the text of the

proposed rule, ‘‘the Secretary’’ is

substituted for ‘‘the Commission’’ in

order to specify which Commission

official has responsibility for a function

and should be contacted. Also added

throughout the proposed rule are cross

references to the Commission’s fee

provisions, to make the fees for a service

easier to find.

Proposed Subpart C

Proposed subpart C would consist of

four sections, each listing materials

available and how they can be accessed.

Proposed section 503.21, Mandatory

public records, consists of the current

§ 503.21, with some minor language

changes and additions. Proposed

§ 503.21(a)(4), is new, and incorporates

EFOIA’s requirement that the

Commission make available certain

records which are potentially subject to

subsequent requests and an index of

such records. EFOIA’s requirement that

the extent of certain deletions be

indicated on released records would be

added in § 503.21(b). Proposed

§ 503.21(c) combines current §§ 503.22

and 503.23.

Proposed § 503.22 names those

records available from the Secretary

without prior request and relocates

current § 503.31. The proposed rule

would relocate and reorganize this

section for ease of reading and to avoid

duplication.

Proposed § 503.23 names those

records generally available from the

Secretary only upon prior written

request and is substantively similar to

current § 503.32, but adds a cross

reference to applicable Commission

rules regarding access to tariffs.

Proposed § 503.24, Information

available on the web site, is new and

contains a list of Commission materials

found on the Commission’s Internet

home page. Addition of this section

would effectuate one of the main stated

purposes of EFOIA, i.e., to encourage

the use of electronic

telecommunications.

Proposed Subpart D

Proposed subpart D is renamed to

read ‘‘Requests for records under the

Freedom of Information Act.’’ In

addition to incorporating changes made

by EFOIA, some paragraphs of subpart

D are revised, reorganized, and renamed

for clarification.

Proposed § 503.31 is substantively the

same as current § 503.33 and describes

generally the FOIA request process, but

adds a provision that the Commission

will make records available in any form