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55377
Federal Register
/Vol. 69, No. 177/Tuesday, September 14, 2004/Proposed Rules
listed under
FOR FURTHER INFORMATION
 
CONTACT
.
All such meetings will beopen to the public and, if possible, wewill post notices of meetings at thelocations listed under
ADDRESSES
.
Wewill make a written summary of eachmeeting a part of the AdministrativeRecord.
IV. Procedural Determinations
Executive Order 12630
—
Takings
This rule does not have takingsimplications. This determination is based on the analysis performed for thecounterpart Federal regulation.
Executive Order 12866
—
Regulatory Planning and Review 
This rule is exempt from review bythe Office of Management and Budgetunder Executive Order 12866.
Executive Order 12988
—
Civil JusticeReform
The Department of the Interior hasconducted the reviews required bysection 3 of Executive Order 12988 andhas determined that this rule meets theapplicable standards of subsections (a)and (b) of that section. However, thesestandards are not applicable to theactual language of State regulatoryprograms and program amendments because each program is drafted andpromulgated by a specific State, not byOSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) andthe Federal regulations at 30 CFR730.11, 732.15, and 732.17(h)(10),decisions on proposed State regulatoryprograms and program amendmentssubmitted by the States must be basedsolely on a determination of whether thesubmittal is consistent with SMCRA andits implementing Federal regulationsand whether the other requirements of 30 CFR Parts 730, 731, and 732 have been met.
Executive Order 13132
—
Federalism
This rule does not have Federalismimplications. SMCRA delineates theroles of the Federal and Stategovernments with regard to theregulation of surface coal mining andreclamation operations. One of thepurposes of SMCRA is to
‘‘
establish anationwide program to protect societyand the environment from the adverseeffects of surface coal miningoperations.
’’
Section 503(a)(1) of SMCRA requires that State lawsregulating surface coal mining andreclamation operations be
‘‘
inaccordance with
’’
the requirements of SMCRA, and section 503(a)(7) requiresthat State programs contain rules andregulations
‘‘
consistent with
’’
 regulations issued by the Secretarypursuant to SMCRA.
Executive Order 13175
—
Consultationand Coordination With Indian Tribal Governments
In accordance with Executive Order13175, we have evaluated the potentialeffects of this rule on Federally-recognized Indian tribes and havedetermined that the rule does not havesubstantial direct effects on one or moreIndian tribes, on the relationship between the Federal Government andIndian tribes, or on the distribution of power and responsibilities between theFederal Government and Indian tribes.The basis for this determination is ourdecision is on a State regulatoryprogram and does not involve a Federalregulation involving Indian lands.
Executive Order 13211
—
RegulationsThat Significantly Affect the Supply,Distribution, or Use of Energy 
On May 18, 2001, the President issuedExecutive Order 13211 which requiresagencies to prepare a Statement of Energy Effects for a rule that is (1)considered significant under ExecutiveOrder 12866, and (2) likely to have asignificant adverse effect on the supply,distribution, or use of energy. Becausethis rule is exempt from review underExecutive Order 12866 and is notexpected to have a significant adverseeffect on the supply, distribution, or useof energy, a Statement of Energy Effectsis not required.
National Environmental Policy Act 
This rule does not require anenvironmental impact statement because section 702(d) of SMCRA (30U.S.C. 1292(d)) provides that agencydecisions on proposed State regulatoryprogram provisions do not constitutemajor Federal actions within themeaning of section 102(2)(C) of theNational Environmental Policy Act (42U.S.C. 4332(2)(C)).
Paperwork Reduction Act 
This rule does not containinformation collection requirements thatrequire approval by OMB under thePaperwork Reduction Act (44 U.S.C.3507
et seq.
).
Regulatory Flexibility Act 
The Department of the Interiorcertifies that this rule will not have asignificant economic impact on asubstantial number of small entitiesunder the Regulatory Flexibility Act (5U.S.C. 601
et seq.
). The State submittal,which is the subject of this rule, is basedupon counterpart Federal regulations forwhich an economic analysis wasprepared and certification made thatsuch regulations would not have asignificant economic effect upon asubstantial number of small entities. Inmaking the determination as to whetherthis rule would have a significanteconomic impact, the Department reliedupon the data and assumptions for thecounterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act 
This rule is not a major rule under 5U.S.C. 804(2), the Small BusinessRegulatory Enforcement Fairness Act.This rule: (a) Does not have an annualeffect on the economy of $100 million;(b) will not cause a major increase incosts or prices for consumers,individual industries, Federal, State, orlocal government agencies, orgeographic regions; and (c) does nothave significant adverse effects oncompetition, employment, investment,productivity, innovation, or the abilityof U.S.-based enterprises to competewith foreign-based enterprises. Thisdetermination is based upon theanalysis performed under various lawsand executive orders for the counterpartFederal regulations.
Unfunded Mandates
This rule will not impose anunfunded mandate on State, local, ortribal governments or the private sectorof $100 million or more in any givenyear. This determination is based uponthe analysis performed under variouslaws and executive orders for thecounterpart Federal regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surfacemining, Underground mining.
Dated: August 4, 2004.
Tim L. Dieringer,
Acting Regional Director, AppalachianRegional Coordinating Center.
[FR Doc. 04
–
20661 Filed 9
–
13
–
04; 8:45 am]
BILLING CODE 4310
–
05
–
P
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 16
[OEI
–
2002
–
0009; FRL
–
7532
–
2]RIN 2025
–
AA13
Implementation of Privacy Act of 1974;Revision to the Privacy ActRegulations
AGENCY
:
Environmental ProtectionAgency.
ACTION
:
Proposed rule.
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55378
Federal Register
/Vol. 69, No. 177/Tuesday, September 14, 2004/Proposed Rules
SUMMARY
:
The Environmental ProtectionAgency (EPA or the Agency) proposes torevise its regulations implementing thePrivacy Act (PA). In accordance withthe principles of the NationalPerformance Review, EPA isstreamlining and condensing itsregulations by removing superfluouslanguage and using simpler languagewhenever possible. In addition, theseregulations contain exemptions forexisting systems and add new exemptedsystem of records.
DATES
:
Comments must be received onor before October 14, 2004.
ADDRESSES
:
Submit your comments,identified by Docket ID No. OEI
–
2002
–
0009, by one of the following methods:
•
Federal eRulemaking Portal:
http:// www.regulations.gov.
Follow the on-lineinstructions for submitting comments.
•
Agency Web site:
http:// www.epa.gov/edocket.
EDOCKET, EPA
’
selectronic public docket and commentsystem, is EPA
’
s preferred method forreceiving comments. Follow the on-lineinstructions for submitting comments.
•
E-mail:
oei.docket@epa.gov.
 
•
Fax: 202 566
–
1753
•
Mail: Office of EnvironmentalInformation Docket, EnvironmentalProtection Agency (2822T), 1200Pennsylvania Ave., NW., Washington,DC 20460.
•
Hand Delivery: Public ReadingRoom, Room B102, EPA West Building,1301 Constitution Avenue, NW.,Washington, DC. Such deliveries areonly accepted during the Docket
’
snormal hours of operation, and specialarrangements should be made fordeliveries of boxed information.
Instructions:
Direct your comments toDocket ID No. OEI
–
2002
–
0009. EPA
’
spolicy is that all comments receivedwill be included in the public docketwithout change and may be madeavailable online at
http://www.epa.gov/ edocket,
including any personalinformation provided, unless thecomment includes information claimedto be Confidential Business Information(CBI) or other information whosedisclosure is restricted by statute. Donot submit information that youconsider to be CBI or otherwiseprotected through EDOCKET,regulations.gov, or e-mail. The EPAEDOCKET and the federalregulations.gov Web sites are
‘‘
anonymous access
’’
systems, whichmeans EPA will not know your identityor contact information unless youprovide it in the body of your comment.If you send an e-mail comment directlyto EPA without going throughEDOCKET or regulations.gov, your e-mail address will be automaticallycaptured and included as part of thecomment that is placed in the publicdocket and made available on theInternet. If you submit an electroniccomment, EPA recommends that youinclude your name and other contactinformation in the body of yourcomment and with any disk or CD
–
ROMyou submit. If EPA cannot read yourcomment due to technical difficultiesand cannot contact you for clarification,EPA may not be able to consider yourcomment. Electronic files should avoidthe use of special characters, any formof encryption, and be free of any defectsor viruses. For additional informationabout EPA
’
s public docket visitEDOCKET on-line or see the
FederalRegister
of May 31, 2002 (67 FR 38102).Docket: All documents in the docket arelisted in the EDOCKET index at
http:/ /www.epa.gov/edocket.
Although listedin the index, some information is notpublicly available,
i.e.
, CBI or otherinformation whose disclosure isrestricted by statute. Certain othermaterial, such as copyrighted material,is not placed on the Internet and will bepublicly available only in hard copyform. Publicly available docketmaterials are available eitherelectronically in EDOCKET or in hardcopy at the Office of EnvironmentalInformation Docket, EPA/DC, EPA West,Room B102, 1301 Constitution Avenue,NW., Washington, DC. This DocketFacility is open from 8:30 a.m. to 4:30p.m. e.s.t., Monday through Friday,excluding legal holidays. The Dockettelephone number is 202 566
–
1752. ThePublic Reading Room is open from 8:30a.m. to 4:30 p.m., Monday throughFriday, excluding legal holidays. Thetelephone number for the PublicReading Room is (202) 566
–
1744, andthe telephone number for the Office of Environmental Information Docket is(202) 566
–
1752.
FOR FURTHER INFORMATION CONTACT
:
 JudyE. Hutt, PA Officer, Records, Privacyand FOIA Branch, Collection StrategiesDivision, Office of InformationCollection, Office of EnvironmentalInformation (OEI), (2822T), EPA, 1200Pennsylvania Ave, NW., Washington,DC 20460; Phone (202) 566
–
1668; Fax,(202) 566
–
1639;
hutt.judy@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General Information
1.
Submitting CBI.
Do not submit thisinformation to EPA through EDOCKET,regulations.gov or e-mail. Clearly markthe part or all of the information thatyou claim to be CBI. (For CBIinformation in a disk or CD
–
ROM thatyou mail to EPA, mark the outside of thedisk or CD
–
ROM as CBI and thenidentify electronically within the disk orCD
–
ROM the specific information thatis claimed as CBI). In addition to onecomplete version of the comment thatincludes information claimed as CBI, acopy of the comment that does notcontain the information claimed as CBImust be submitted for inclusion in thepublic docket. Information so markedwill not be disclosed except inaccordance with procedures set forth in40 CFR part 2.2.
Tips for Preparing Your Comments.
 When submitting comments, rememberto:
•
Identify the rulemaking by docketnumber and other identifyinginformation (subject heading,
FederalRegister
date and page number).
•
Follow directions
—
The agency mayask you to respond to specific questionsor organize comments by referencing aCode of Federal Regulations (CFR) partor section number.
•
Explain why you agree or disagree;suggest alternatives and substitutelanguage for your requested changes.
•
Describe any assumptions andprovide any technical information and/or data that you used.
•
If you estimate potential costs or burdens, explain how you arrived atyour estimate in sufficient detail toallow for it to be reproduced.
•
Provide specific examples toillustrate your concerns, and suggestalternatives.
•
Explain your views as clearly aspossible, avoiding the use of profanityor personal threats.
•
Make sure to submit yourcomments by the comment perioddeadline identified.
II. Description of Proposed Rules
EPA proposes to revise its PA rules.All exemptions for existing systemshave been revised to meet statutoryrequirements and several new exemptsystems are added under these rules.Other revisions are generally minor andinclude: (1) Making the language genderneutral; (2) removing languageinconsistencies; (3) a statement of EPA
’
sright to determine the adequacy of identification; (4) allowing the Office of Inspector General to make appealdeterminations related to its PA systemsof records; and (5) changing the processfor submitting PA requests to theAgency.
III. Statutory Authority
EPA is proposing this rule under theauthority of 5 U.S.C. 301, 552a (asrevised), and 553.
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55379
Federal Register
/Vol. 69, No. 177/Tuesday, September 14, 2004/Proposed Rules
IV. Administrative Requirements
A. Regulatory Flexibility Act, asAmended 
The Regulatory Flexibility Act, asamended by the Small BusinessRegulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601
et seq.
, generallyrequires an agency to prepare aregulatory flexibility analysis of any rulesubject to notice and commentrulemaking requirements under theAdministrative Procedure Act or anyother statute unless the agency certifiesthat the rule will not have a significanteconomic impact on a substantialnumber of small entities. Small entitiesinclude small businesses, smallorganizations, and small governmentaljurisdictions.For purposes of assessing the impactsof today
’
s rule on small entities, smallentity is defined as: (1) A small businessas that term is defined in the SmallBusiness Administration
’
s regulations at13 CFR 121.201; (2) a smallgovernmental jurisdiction that is agovernment of a city, county, town,school district or special district with apopulation of less than 50,000; and (3)a small organization that is any not-for-profit enterprise which is independentlyowned and operated and is notdominant in its field.EPA has determined that thisproposed rule will not have a significanteconomic impact on the small entities.Under the PA, no fees shall be chargedfor providing the first copy of a recordor any portion to an individual to whomthe record pertains. The fee schedule forreproducing other records is the same asthat set forth in 40 CFR 21.06.Therefore, under 5 U.S.C. 605(b), Icertify that this proposed rule will nothave a significant economic impact ona substantial number of small entities.
B. Paperwork Reduction Act 
This proposed rule does not imposeany reporting or record keepingrequirements under the PaperworkReduction Act, 44 U.S.C. 3501
et seq.
Itpertains solely to the dissemination of information under the PA.
C. Environmental Impact 
This proposed rule is expected tohave no environmental impact. Itpertains solely to the dissemination of information under the PA.
D. Executive Order 12866
Under Executive Order 12866 [58 FR51735 (October 4, 1993)], EPA mustdetermine whether this proposed rule is
‘‘
significant
’’
and therefore subject toOffice of Management and Budget(OMB) review and the requirements of the Executive order. The Order defines
‘‘
significant regulatory action
’’
as onethat is likely to result in a rule that may:(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident
’
s priorities, or the principlesset forth in the Executive order.The Agency has determined that thisproposed rule is not a
‘‘
significantregulatory action
’’
under the terms of Executive Order 12866 and therefore notsubject to OMB review.
E. Executive Order 13132 on Federalism
Executive Order 13132, entitled
‘‘
Federalism
’’
(64 FR 43255, August 10,1999), requires EPA to develop anaccountable process to ensure
‘‘
meaningful and timely input by Stateand local officials in the development of regulatory policies that have federalismimplications.
’’
 
‘‘
Policies that havefederalism implications
’’
is defined inthe Executive order to includeregulations that have
‘‘
substantial directeffects on the States, on the relationship between the national government andthe States, or on the distribution of power and responsibilities among thevarious levels of government.
’’
 This proposed rule does not havefederalism implications. It will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government.
F. Executive Order 13175 onConsultation With Indian Tribal Governments
Executive Order 13175, entitled,
‘‘
AConsultation and Coordination withIndian Tribal Governments
’’
(65 FR67249, November 6, 2000), requires EPAto develop an accountable process toensure
‘‘
meaningful and timely input bytribal officials in the development of regulatory policies that have tribalimplications.
’’
 
‘‘
Policies that have tribalimplications
’’
is defined in theExecutive Order to include regulationsthat have
‘‘
substantial direct effects onone or more Indian tribes, on therelationship between the Federalgovernment and the Indian tribes, or onthe distribution of power andresponsibilities between the Federalgovernment and Indian tribes.
’’
 This proposed rule does not havetribal implications. It will not havesubstantial direct effects on tribalgovernments, on the relationship between the Federal government andIndian tribes, or on the distribution of power and responsibilities between theFederal government and Indian tribes,as specified in Executive Order 13175.
G. Unfunded Mandates Reform Act of 1995
Under Section 202 of the UnfundedMandates Reform Act of 1995 (UMRA),Pub. L. 104
–
4, EPA must prepare a budgetary impact statement toaccompany any general notice of proposed rulemaking or proposed rulethat includes a federal mandate whichmay result in estimated costs to State,local, or tribal governments in theaggregate, or to the private sector, of $100 million or more. Under Section205, for any rule subject to Section 202,EPA generally must select the leastcostly, most cost-effective, or least burdensome alternative that achievesthe objectives of the rule and isconsistent with statutory requirements.Under Section 203, before establishingany regulatory requirements that maysignificantly or uniquely affect smallgovernments, EPA must take steps toinform and advise small governments of the requirements and enable them toprovide input.EPA has determined that thisproposed rule does not include aFederal mandate as defined in UMRA.This proposed rule does not include aFederal mandate that may result inestimated annual costs to State, local ortribal governments in the aggregate, orto the private sector, of $100 million ormore, and does not establish regulatoryrequirements that may significantly oruniquely affect small governments.
H. Executive Order 13045
Executive Order 13045, entitled
‘‘
Protection of Children fromEnvironmental Health Risks and SafetyRisks
’’
(62 FR 19885, April 23, 1997),applies to any rule that (1) isdetermined to be
‘‘
economicallysignificant
’’
as defined under ExecutiveOrder 12866, and (2) concerns anenvironmental health or safety risk thatEPA has reason to believe may have adisproportionate effect on children. If the regulatory action meets both criteria,EPA must evaluate the environmentalhealth or safety effects of the planned
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