60962 Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Proposed Rules 

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

8. Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

9. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

11. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, 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. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves the establishment of a 

safety zone. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. A preliminary 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165, as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.1339 to read as follows: 

§ 165.1339 Safety Zone; Coast Guard 

Exercise Area, Hood Canal, Washington. 

(a) Location. The following area is a 

safety zone: All waters encompassed 

within 500 yards of any vessel that is 

involved in a Coast Guard training 

exercise while such vessel is transiting 

Hood Canal, WA between Foul Weather 

Bluff and the entrance to Dabob Bay. 

Vessels involved will be various sizes 

and can be identified as those flying the 

Coast Guard Ensign. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

rule unless authorized by the Captain of 

the Port or a Designated Representative. 

See 33 CFR Part 165, Subpart C, for 

additional information and 

requirements. Vessel operators wishing 

to enter the zone during the 

enforcement period must request 

permission for entry by contacting the 

on-scene patrol commander on VHF 

channel 13 or 16, or the Sector Puget 

Sound Joint Harbor Operations Center at 

(206) 217–6001. 

(c) Enforcement Period. The safety 

zone described in paragraph (a) of this 

section will be enforced by the Captain 

of the Port only upon notice. Notice of 

the enforcement by the Captain of the 

Port will be provided by all appropriate 

means, in accordance with 33 CFR 

165.7(a). Such means will include 

publication in the Federal Register, and 

may also include Broadcast Notice to 

Mariners, Local Notice to Mariners, or 

both. 

Dated: September 24, 2012. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2012–24607 Filed 10–4–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[FRL–9733–8] 

Clean Water Act; Contractor Access to 

Confidential Business Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intended transfer of 

confidential business information to 

contractor, subcontractors, and 

consultants. 

SUMMARY: The Environmental Protection 

Agency’s (EPA’s) Office of Water’s 

(OW’s) Office of Science and 

Technology (OST) has authorized 

Eastern Research Group (ERG), its 

subcontractors, and its consultants to 

access confidential business information 

(CBI) collected from numerous 

industries. Transfer of this information 

is necessary for ERG to assist the Office 

of Water in the preparation of effluent 

guidelines and standards for certain 

industries. 

We have determined that the 

contractors listed below require access 


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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Proposed Rules 60963 

to CBI submitted to us under Section 

308 of the Clean Water Act and in 

connection with various programs and 

are providing notice and an opportunity 

to comment. The nature of the work and 

its necessity, and the type of access 

granted, is described below for each 

contractor. Information has been 

provided to this contractor under a 

previous agreement since September 26, 

2002. 

Transfer of the information to ERG 

will allow the contractor and 

subcontractors to support EPA in the 

planning, development, and review of 

effluent limitations guidelines and 

standards under the Clean Water Act 

(CWA). The information being 

transferred was or will be collected 

under the authority of section 308 of the 

CWA. Some information being 

transferred from the pulp, paper, and 

paperboard industry was collected 

under the additional authorities of 

section 114 of the Clean Air Act (CAA) 

and section 3007 of the Resource 

Conservation and Recovery Act (RCRA). 

Interested persons may submit 

comments on this intended transfer of 

information to the address noted below. 

DATES: Comments on the transfer of data 

are due October 15, 2012. 

ADDRESSES: Comments may be sent to 

Mr. M. Ahmar Siddiqui, Document 

Control Officer, Engineering and 

Analysis Division (4303T), Room 6231S 

EPA West, U.S. EPA, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: Mr. 

M. Ahmar Siddiqui, Document Control 

Officer, at (202) 566–1044, or via email 

at siddiqui.ahmar@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 40 CFR 2.302(h), EPA 

has transferred CBI to various 

contractors and subcontractors over the 

history of the effluent guidelines 

program. EPA determined that this 

transfer was necessary to enable the 

contractors and subcontractors to 

perform their work in supporting EPA 

in planning, developing, and reviewing 

effluent guidelines and standards for 

certain industries. 

Today, EPA is giving notice that it has 

entered into a contract with ERG, 

contract number EP–C–12–021, located 

in Chantilly, Virginia. The purpose of 

this contract is to secure technical and 

engineering analysis support for EPA in 

its development, review, 

implementation, and defense of waterrelated initiatives for a variety of 

industries. To obtain assistance in 

responding to this contract, ERG has 

entered into contracts with the 

following subcontractors: Advanced 

Environmental Management Group, LLC 

(AEM, located in Plymouth, Michigan), 

Aqua Terra Consultants (located in 

Mountain View, California), Avanti 

Corporation (located in Alexandria, 

Virginia), Great Lakes Environmental 

Center (GLEC, located in Traverse City, 

Michigan), and Mabbett & Associates 

(located in Bedford, Massachusetts), PG 

Environmental, LLC (located in 

Herndon, Virginia), Bill Kennedy, Orion 

Engineering (located in Charlotte, NC), 

John H. Martin, Hall Associates (located 

in Georgetown, DE), and John P. Martin, 

JPMartin Energy Strategy, LLC (located 

in Saratoga Springs, New York). 

All EPA contractor, subcontractor, 

and consultant personnel are bound by 

the requirements and sanctions 

contained in their contracts with EPA 

and in EPA’s confidentiality regulations 

found at 40 CFR part 2, Subpart B. ERG 

will adhere to EPA-approved security 

plans which describe procedures to 

protect CBI. ERG will apply the 

procedures in these plans to CBI 

previously gathered by EPA and to CBI 

that may be gathered in the future. The 

security plans specify that contractor 

personnel are required to sign nondisclosure agreements and are briefed 

on appropriate security procedures 

before they are permitted access to CBI. 

No person is automatically granted 

access to CBI: A need to know must 

exist. 

The information that will be 

transferred to ERG consists of 

information previously collected by 

EPA to support the development and 

review of effluent limitations guidelines 

and standards under the CWA. In 

particular, information, including CBI, 

collected for the planning, development, 

and review of effluent limitations 

guidelines and standards for the 

following industries may be transferred: 

Airport deicing; aquaculture; 

centralized waste treatment; coal bed 

methane; concentrated animal feeding 

operations; coal mining; construction 

and development; drinking water 

treatment; industrial container and 

drum cleaning; industrial laundries; 

industrial waste combustors; iron and 

steel manufacturing; landfills; meat and 

poultry products; metal finishing; metal 

products and machinery; nonferrous 

metals manufacturing; oil and gas 

extraction (including coalbed methane); 

ore mining and dressing; organic 

chemicals, plastics, and synthetic fibers; 

pesticide chemicals; petroleum refining; 

pharmaceutical manufacturing; pulp, 

paper, and paperboard manufacturing; 

shale gas extraction; steam electric 

power generation; textile mills; timber 

products processing; tobacco; and 

transportation equipment cleaning. 

EPA also intends to transfer to ERG all 

information listed in this notice, of the 

type described above (including CBI) 

that may be collected in the future 

under the authority of section 308 of the 

CWA or voluntarily submitted (e.g., in 

comments in response to a Federal 

Register notice), as is necessary to 

enable ERG to carry out the work 

required by its contract to support EPA’s 

effluent guidelines planning process 

and the development of effluent 

limitations guidelines and standards. 

Dated: September 18, 2012. 

Jeffrey L. Lape, 

Acting Director, Office of Science and 

Technology. 

[FR Doc. 2012–23519 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2012–0124; FRL–9735–1] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Tennessee has applied to EPA 

for final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA proposes to grant final 

authorization to Tennessee. In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, EPA is authorizing the 

changes by an immediate final rule. EPA 

did not issue a proposed rule prior to 

the immediate final rule because we 

believe this action is not controversial 

and do not expect comments that 

oppose it. EPA has explained the 

reasons for this authorization in the 

preamble to the immediate final rule. 

Unless EPA receives written comments 

which oppose this authorization during 

the comment period, the immediate 

final rule will become effective on the 

date it establishes, and we will not take 

further action on this proposal. If EPA 

receives comments that oppose this 

action, we will withdraw the immediate 

final rule and it will not take effect. EPA 

will then respond to public comments 

in a later final rule based on this 

proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. 

DATES: Comments must be received on 

or before November 5, 2012. 


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