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The Paperwork Reduction Act 44 U. This final rule contains no new information collection requirements, and therefore, will create no new paperwork burdens or modifications to existing burdens that are subject to review by the Office of Management and Budget under the PRA. The Regulatory Flexibility Act 5 U. As stated above, notice and comment is not required for this rule.

For that reason, the requirements of the Regulatory Flexibility Act do not apply. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of The Congressional Review Act CRA requires that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States.

EEOC will submit a report containing this rule and other required information to the U. Senate, the U. House of Representatives, and the Comptroller General of the United States prior to the effective date of the rule.

Under the CRA, a major rule cannot take effect until 60 days after it is published in the Federal Register. The civil penalty inflation adjustment, using a 1. Agencies were required to publish the first annual inflation adjustments in the Federal Register by no later than January 15, , and must publish recurring annual inflation adjustments by no later than January 15 each subsequent year.

The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Accordingly, Congress expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA of from the pre-promulgation notice and comment requirements of the Administrative Procedure Act APA , allowing them to be published as a final rule.

The required annual civil penalty inflation adjustment promulgated through this rule accounts for inflation through October OMB Memorandum M confirms that this is the proper multiplier. OMB Memorandum M at 1 and n. The adjusted penalty levels take effect immediately upon publication of this rule. Pursuant to the FCPIA of , the increase in the OCSLA maximum civil penalty amount applies to civil penalties assessed after the date the increase takes effect, even when the associated violation s predates such increase.

Executive Order E. We have developed this rule in a manner consistent with these requirements, to the extent permitted by statute. OIRA has determined that agency regulations exclusively implementing the annual adjustment are not significant regulatory actions under E. The Regulatory Flexibility Act RFA requires an agency to prepare a regulatory flexibility analysis for all rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.

The RFA applies only to rules for which an agency is required to first publish a proposed rule. See 5 U. The FCPIA of expressly exempts these annual inflation adjustments from the requirement to publish a proposed rule for notice and comment. Thus, the RFA does not apply to this rulemaking.

This rule is not a major rule under 5 U. This rule:. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. This rule does not effect a taking of private property or otherwise have takings implications under E. Therefore, a takings implication assessment is not required. Under the criteria in section 1 of E. Therefore, a federalism summary impact statement is not required.

The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department of the Interior's consultation policy, under Departmental Manual Part Chapters 4 and 5, and under the criteria in E.

We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of NEPA is not required because, as a regulation of an administrative nature, this rule is covered by a categorical exclusion see 43 CFR We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR Therefore, a detailed statement under NEPA is not required.

This rule is not a significant energy action under the definition in E. Therefore, a Statement of Energy Effects is not required. Administrative practice and procedure, Continental shelf, Continental Shelf—mineral resources, Continental Shelf—rights-of-way, Environmental impact statements, Environmental protection, Government contracts, Investigations, Oil and gas exploration, Penalties, Pipelines, Reporting and recordkeeping requirements, Sulfur.

Questions regarding the inflation adjustment methodology or amount should be directed to Mr. The OPA established a comprehensive regime for addressing the consequences of oil spills, ranging from spill response to compensation for damages to injured parties. Under Title I of the OPA, the responsible parties for any vessel or facility, including any offshore facility that discharges or poses a substantial threat of discharge of oil into or upon navigable waters, adjoining shorelines, or the exclusive economic zone, are liable for the removal costs and damages that result from such discharge or threat of discharge, as specified in 33 U.

Under 33 U. The legislative and regulatory history for OPA limit of liability inflation adjustments can be found in the rulemaking preamble for the last inflation adjustment at 79 FR The adjustment in the limit of liability is mandated by statute and the methodology for determining the amount of the update is defined in BOEM's regulations.

OIRA has determined that this rule is not significant. This rule is an update to the offshore facility limit of liability under the OPA. It is neither a new regulation, nor does it increase the regulatory burden on regulated entities. This final rule simply maintains the value of the limit of liability set by the OPA in by updating the limit of liability for three years of inflation as required by the OPA at 33 U.

The E. This rulemaking does not meet the definition for a significant regulatory action; thus, E. The RFA applies only to rules for which an agency is required to first publish a proposed rule see 5 U. This rule does not have a significant or unique effect on state, local, or tribal governments or the private sector. Because this rule simply implements a statutory mandate, tribal consultation is not required by this Executive Order.

The Department of the Interior continually strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognizes their right to self-governance and tribal sovereignty. This final rule meets the criteria set forth at 43 CFR Administrative practice and procedure, Continental shelf, Financial responsibility, Liability, Limit of liability, Oil and gas exploration, Oil pollution, Oil spill, Outer Continental Shelf, Penalties, Pipelines, Rights-of-way, Reporting and recordkeeping requirements, Surety bonds, Treasury securities.

Except as provided in 33 U. Copyright Office is modernizing its practices to increase the efficiency of the group registration option for photographs. This final rule modifies the procedure for registering groups of published photographs GRPPH , and establishes a similar procedure for registering groups of unpublished photographs GRUPH.

Applicants will be required to use a new online application specifically designed for each option, instead of using a paper application, and will be allowed to include up to photographs in each claim. The final rule modernizes the deposit requirements by requiring applicants to submit their photographs in a digital format when using GRPPH, GRUPH, or the pilot program for photographic databases, along with a separate document containing a list of the titles and file names for each photograph.

It also confirms that a group registration issued under GRPHH or GRUPH covers each photograph in the group, each photograph is registered as a separate work, and the group as a whole is not considered a compilation or a collective work. Robert J. See 17 U. When large numbers of photographs are grouped together in one application, however, information about the individual works may not be adequately captured.

Group registration options therefore require careful balancing of the need for an accurate public record and the need for an efficient method of facilitating the examination of those works. See 81 FR Dec. The NPRM described six major proposals. First, the proposed rule would require applicants to use a new online application specifically designed for registering a group of published photographs or a group of unpublished photographs, in lieu of using a paper application.

Fourth, the NPRM provided that all of the photographs must be created by the same photographer similar to the requirement that applies under the current regulation governing GRPPH , and further provided that the photographs must be published within the same nation. Fifth, the proposed rule would modify the deposit requirement for GRPPH, GRUPH, and photographic databases by requiring applicants to submit i a digital copy of each photograph, 3 and ii a separate document containing a list of the titles and file names for each photograph.

Applicants may continue to register these types of databases with the online application at least for the time being. Briefly stated, the GRUW option would allow applicants to register up to five unpublished works with one application and one filing fee with certain limited exceptions for claims involving sound recordings.

See 82 FR , Oct. See 81 FR at The Office also issued a separate NPRM that proposed a similar online-filing requirement for seeking a supplementary registration. Under the rule proposed in that proceeding, most applicants would be required to file an online application to correct or amplify the information in an existing registration. The Office explained that this same online-filing requirement would apply when applicants seek to correct or amplify the information in a registration for a group of photographs or a photographic database.

The CVA expressed some concern about this proposal. CVA Comment at The Office previously addressed those comments when it issued a final rule in the rulemaking on supplementary registration. See 82 FR at Nearly all of the commenters objected to the proposed limit on the number of photographs that may be included in each claim. Some commenters said it would be difficult to determine if a particular photograph should be registered as a published or unpublished work.

Some expressed concern that all of the photographs would have to be created by the same photographer and published in the same nation. Others expressed concern about the obligation to submit digital deposits. Finally, one commenter suggested that photographers should be entitled to seek the same legal remedies, regardless of whether they register their works using GRPPH, GRUPH, or the pilot program for photographic databases. Having reviewed and carefully considered the comments, the Office now issues a final rule that closely follows the proposed rule, with some alterations based on these comments, which are discussed in more detail below.

If an applicant attempts to use a paper application, the Office will refuse to register the claim. Applicants will be required to submit a digital copy of each photograph, 11 either by uploading the photographs to the electronic registration system or by sending them to the Office on a physical storage device, such as a flash drive, CD-R, or DVD-R.

Although the CVA supported this proposal, the Office did not include the PCD format in the final rule, because the electronic registration system will not accept these types of files. See www. The Office did not include these suggestions in the final rule, because the electronic registration system should be able to accept any digital image, as long as it is submitted in an acceptable file format and the file size does not exceed MB. The CVA also agreed that uploading a list containing title and publication information would be preferable to the pilot program where applicants are expected to enter each title in the application one by one.

The CVA also acknowledged that there are fee-based services available for photographers who need help completing the online application and submitting a digital deposit. CVA Comment at 6. The Office recently issued a final rule for group registration of contributions to periodicals that addressed similar concerns. As in that rule, a specific provision is being added to the regulations making clear that in an exceptional case, if photographers are unable to submit a digital copy of their works, they may request special relief and submit an actual copy of each photograph or other identifying material in lieu of a digital file.

In addition, the Office is developing several new resources to ease the transition to the online filing requirement. The Office will update the sections of the Compendium of U. And as noted in the NPRM, the Office will contact each applicant that participated in the existing pilot program and notify them that this program has been replaced with a new procedure.

The NPRM proposed to limit the number of works that may be included in each submission to no more than photographs. This would represent a change in policy. Currently applicants may submit an unlimited number of photographs if they register their works as an unpublished collection, or if they use the pilot program for published photographs.

They commented that the limit would be burdensome, because many photographers take thousands of photographs in a single day. After carefully reviewing the comments and weighing the issues involved, the Office has decided to adopt the limit proposed in the NPRM. That requirement has been in place since Since the Office introduced the pilot program for published photographs in , the Office has monitored the cost of examining claims submitted through the electronic registration system.

Based on this experience, the Office has concluded that is a reasonable limit for GRPPH and GRUPH given its current staffing levels, the current filing fee for these group registration options, and the technical capabilities of the current system. It does not apply to the pilot program for photographic databases. Applicants may continue to register an unlimited number of published photographs under this option, at least for the time being. But the Office intends to revisit this issue in a separate rulemaking or as part of its upcoming fee study.

The Office notes that at least one database provider registered 57, photographs between and According to the Digital Media Licensing Association DMLA , this company filed 29 applications during this four-year period, and each submission contained an average of photographs.

If the Office imposed a limit on the pilot program for photographic databases, the DMLA stated that this company would have filed another 48 applications during this same period. That is less than what the Office currently charges for expedited handling for one application under the current fee structure.

And it represents a significant bargain for the privilege of registering nearly 60, photographs with 77 applications, instead of preparing a separate submission for each work. When the system is functioning properly, it takes approximately 15 to 30 minutes to examine a claim involving photographs or fewer.

By contrast, a claim involving more than photographs typically requires an hour or more to complete. Applicants often fail to provide publication dates, they fail to list the dates in chronological order, or the dates provided in the application do not match the dates given in the deposit.

If the applicant submits each photograph as an individual file, instead of uploading them in a. If any of the files are corrupt, the examiner must write to the applicant to request a new submission. The increasing work associated with these claims has had an adverse effect on the timeframe for examination of other types of works within the Visual Arts Division.

There also may be problems once the claim has been approved. The title field in the Office's public database will not accept more than characters, but there is no corresponding limit in the registration application. When applicants submit more than photographs, the information in the title files often exceeds these character limits.

When this occurs, the Office must review each record one by one to identify the registration that was rejected by the system. Then the examiner must contact the applicant to request permission to amend the title field, he or she must update the record, and issue a new certificate. Moreover, when applicants upload thousands of photos to the electronic registration system, it strains the system as a whole. This has an adverse effect on other applicants, because it delays the receipt of their submissions and it prevents the Office from issuing an email acknowledging the receipt of those claims.

Many applicants then contact the Office's help desk to confirm that their submission was received, which places additional strains on the Office's limited resources. Registering photographs with the same application and the same filing fee represents a significant value and provides significant legal benefits. As discussed below, the Office will examine each photograph in the group, and if the claim is approved, the registration covers each photograph and each photograph is registered as a separate work.

Thus, if the photographs are subsequently infringed, the copyright owner should be entitled to seek a separate award of statutory damages for each individual photograph. Thus, the final rule will not have an adverse effect on the vast majority of applicants.

The Office recognizes that some applicants routinely include more than works in each claim, and going forward, these applicants will need to file multiple applications instead of submitting all of their photographs with the same application. But it is important to recognize that the final rule does not impose any limit on the number of applications that may be submitted at a given time. The CVA surveyed 1, photographers and asked them to identify the average number of photographs that they take in a single day and over the course of a single month.

This presumably represents the average rate for a daily photo shoot, but it seems unlikely that the average photographer would create this many images on every day of the month. The CVA's survey supports this assumption. The CVA encouraged the Office to expand the scope of the group registration option by developing a tiered filing fee based on the number of photographs included within each claim, or a sliding-scale subscription model that would let photographers register an unlimited number of photographs with an annual, semi-annual, or quarterly filing fee.

The Copyright Alliance and another individual expressed similar views. The Office welcomes these suggestions. But unfortunately, the current registration system is not capable of supporting this type of fee structure. The Office, however, is beginning preparations for the initial development of its next generation registration system, 16 and will take the commenters' suggestions into account in developing the business requirements for the new system.

In the near future, the Office will be seeking additional comments and conducting extensive outreach to gather additional suggestions and recommendations for the new system. Under the rule proposed in the NPRM, applicants would be able to register a group of unpublished photographs or a group of published photographs, but they would not be able to combine published and unpublished photographs in the same claim.

After considering the comments, the Office has decided to maintain this requirement in the final rule. The CVA commented that it is difficult to separate published and unpublished photographs, in part, because photographers do not know if or when their images are published after they have been sent to a particular client.

The Copyright Alliance expressed similar concerns. Copyright Alliance Comment at 3. At the same time, however, the CVA and the Copyright Alliance acknowledged that the Copyright Act requires applicants to separately identify published and unpublished works for purposes of registration, and that this requirement cannot be changed without amending the law. Moreover, this distinction is firmly embedded in the current electronic registration system and the Office's internal processes.

For example, when the Office issues a certificate of registration, the prefix assigned to the certificate begins with the letters VA if the work is published, and it begins with the letters VAu if the work is unpublished. If an applicant attempted to combine published and unpublished works in the same claim, the resulting registration number would be misleading.

The Office may revisit this issue when it develops the business requirements for its new registration system, but for the time being, it is not feasible to ignore these distinctions within the context of the current system. The CVA also commented that the photographers who participated in its survey would prefer to register all of the photographs that they create for a particular job, project, or client with the same application, regardless of whether those photographs are published or unpublished.

CVA Comment at 31, The final rule provides that flexibility. If a photographer wants to register the works he or she created for a particular client, the group title provides a convenient means for adding that information to the record. The CVA acknowledged that photographers should be able to determine if their photographs are published or unpublished if they are given proper guidance. The CVA and the Copyright Alliance also acknowledged that the Compendium provides useful information and asked the Office to make this document accessible from within the electronic registration system.

As mentioned above, the Office intends to update the sections of the Compendium that discuss this group registration option, and it intends to add examples to explain the difference between published and unpublished photographs.

In addition, the Office intends to prepare a new circular that summarizes the various options for registering photographs, and will provide links to these resources from within the help text for the new applications. The NPRM proposed that all the photographs must be taken by the same photographer. If the photographs were created as works made for hire, the NPRM proposed that, in order to be eligible for group registration, all the photographs in the group must have been taken by the same employee, and the applicant must have identified both the employer and the employee in the application.

To register photographs taken by different photographers, applicants would be required to submit a separate application for each individual. The CVA commented that commercial studios often use multiple photographers and assistants during each photo shoot, and that a shoot involving a particular job or client may occur on different dates. The CVA commented that some photographers work as a team with both partners jointly owning each photograph, and that the proposed rule would prevent these teams from registering their works.

It is unclear from the CVA's comments whether these photographs would be considered joint works or works made for hire. On rare occasions, the Office has received inquiries from applicants expressing interest in registering a photograph as a joint work. But to be effective, a group registration option must be narrowly tailored to fit the claims that are most frequently received, and it cannot be expected to accommodate exceptional cases that fall outside of these expected norms.

The final rule does not represent a change in policy for most photographers. But it does represent a change in policy for works made for hire. When a photograph is created as a work made for hire, the employer or commissioning party is considered the author and owner of the work, rather than the photographer who actually created the image. For similar reasons, work-made-for-hire authors do not need to identify their employees in the application.

However, the Office developed the new application before it decided to modify this requirement; as a result, the application contains a space where applicants may provide employee information. If the applicant checks the work made for hire box—but fails to complete the employee space—the application will not be accepted by the electronic registration system.

The Office intends to remove this space in a future update to the system. When registering a group of published photographs, applicants should identify the author's country of citizenship or domicile, as well as the country where the photographs were published for the first time.

The Office will use this information to determine if the photographs are eligible for registration under U. The NPRM further proposed that all the photographs within each group should be published in the same country. This proposal was based on the current limitations of the electronic registration system.

To identify the nation of publication in the current system, applicants must select from a list of countries appearing in a drop down menu, but the system will not allow applicants to select two or more countries from this list. The CVA objected that photographers would need to prepare separate applications if their works are published in multiple countries. The CVA also noted that it may be difficult to determine where a photograph was published for the first time, particularly if the work was published online.

The Office did not include the single-country requirement in the final rule. In most cases, the Office should be able to determine if the photographs are eligible for copyright protection based on the author's citizenship or domicile. If the applicant is unable to establish eligibility based on this information, the Office may ask the applicant to confirm that the photographs were published in a country that has entered into a copyright treaty with the United States.

See Copyright Alliance Comment at 2. Although one member of the CVA disagreed with this view of the scope of a database registration, 21 the Office continues to believe that the view it expressed in the NPRM is the correct one. Regardless, under the Copyright Act and the Office's regulations, a group registration of published photographs GRPPH or a group registration of unpublished photographs GRUPH will expressly be treated as a separate registration for each photograph that is included within the group, and applicants who wish to ensure the availability of separate statutory damages awards should select one of those group registration options.

The Copyright Alliance and CVA also asked the Office to create a new group registration option for other types of visual art works, such as illustrations, video clips, and textile designs. Alternatively, they asked the Office to create another pilot program that would allow visual artists to register groups of related works with the online application that is designed for registering one work.

The Office recognizes a need for establishing new and updated practices for examining and registering visual art works. The CVA also offered some suggestions for improving the current system. It encouraged the Office to improve the user interface, and allow applicants to populate each field with information stored in a spreadsheet or other database instead of entering it by hand.

CVA Comment at 8. In addition, the CVA encouraged the Office to collaborate with third parties to develop apps and APIs that would help photographers register works directly from their cameras and photo editing programs. CVA Comment at 6, As mentioned above, the Office is in the early stages of developing the business requirements for its next generation registration system, and it will be seeking further comment on these issues in the future.

Finally, the CVA suggested that a registration for an unpublished work would be more effective if copyright owners could claim statutory damages and attorney's fees for any infringements occurring within three months before the effective date of registration similar to the rule that applies to published works under section 2 of the Copyright Act.

The Office does not express any views on these suggestions, but simply notes that this rulemaking is not the proper forum in which to address them. The registration requirements CVA identified in its comments are part of the Copyright Act and the Office cannot expand or create exceptions to them as part of this rulemaking.

For the reasons set forth in the preamble, the U. Copyright Office amends 37 CFR parts and as follows:. Pursuant to the authority granted by 17 U. The file name for a particular photograph may consist of letters, numbers, and spaces, but the file name should not contain any other form of punctuation. The photographs may be uploaded to the electronic registration system together with the required numbered list, preferably in a.

The file size for each uploaded file must not exceed megabytes; the photographs may be compressed to comply with this requirement. Alternatively, the photographs and the required numbered list may be saved on a physical storage device, such as a flash drive, CD-R, or DVD-R, and delivered to the Copyright Office together with the required shipping slip generated by the electronic registration system.

The title and file name for a particular photograph may be the same. The numbered list must be contained in an electronic file in Excel format. In addition, the applicant must submit a sequentially numbered list containing the title and file name—and if the photographs have been published, the month and year of publication—for each photograph in the group.

The title and file name for a particular photograph may be the same and may consist of letters, numbers, and spaces, but the file name should not contain any other form of punctuation. The file name for the list must contain the title of the database, and the case number assigned to the application by the electronic registration system, if any e.

The photographs and the numbered list may be uploaded to the electronic registration system with the permission and under the direction of the Visual Arts Division, preferably in a. Alternatively, the photographs and the numbered list may be saved on a physical storage device, such as a flash drive, CD-R, or DVD-R, and delivered to the Copyright Office together with the required shipping slip generated by the electronic registration system or with a paper application submitted on Form VA.

These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action s , if any, may be appropriate. EPA, Renner Blvd. Table of Contents I. Background A.

What is the NCP? How are sites listed on the NPL? What happens to sites on the NPL? Does the NPL define the boundaries of sites? How are sites removed from the NPL? What is the Sitewide Ready for Anticipated Use measure? Availability of Information to the Public A.

May I review the documents relevant to this final rule? What documents are available for review at the EPA headquarters docket? What documents are available for review at the EPA regional dockets? How do I access the documents? How may I obtain a current list of NPL sites? Contents of This Final Rule A. Additions to the NPL B. What did the EPA do with the public comments it received? Statutory and Executive Order Reviews A.

Executive Order Federalism G. Congressional Review Act I. The NCP sets guidelines and procedures for responding to releases and threatened releases of hazardous substances, or releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare.

The most recent comprehensive revision was on March 8, 55 FR The NPL is a list of national priorities among the known or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants.

The NPL is of only limited significance, however, as it does not assign liability to any party or to the owner of any specific property. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. With respect to sites in the Federal Facilities section, these sites are generally being addressed by other federal agencies. The HRS serves as a screening tool to evaluate the relative potential of uncontrolled hazardous substances, pollutants or contaminants to pose a threat to human health or the environment.

The revised HRS evaluates four pathways: ground water, surface water, soil exposure and air. As a matter of agency policy, those sites that score This provision of CERCLA requires that, to the extent practicable, the NPL include one facility designated by each state as the greatest danger to public health, welfare or the environment among known facilities in the state.

Public Health Service has issued a health advisory that recommends dissociation of individuals from the release. However, under 40 CFR The NPL does not describe releases in precise geographical terms; it would be neither feasible nor consistent with the limited purpose of the NPL to identify releases that are priorities for further evaluation , for it to do so.

Indeed, the precise nature and extent of the site are typically not known at the time of listing. When a site is listed, the approach generally used to describe the relevant release s is to delineate a geographical area usually the area within an installation or plant boundaries and identify the site by reference to that area. Rather, the site consists of all contaminated areas within the area used to identify the site, as well as any other location where that contamination has come to be located, or from where that contamination came.

In other words, while geographic terms are often used to designate the site e. In addition, the site name is merely used to help identify the geographic location of the contamination, and is not meant to constitute any determination of liability at a site. However, the HRS inquiry focuses on an evaluation of the threat posed and therefore the boundaries of the release need not be exactly defined.

Indeed, the known boundaries of the contamination can be expected to change over time. Thus, in most cases, it may be impossible to describe the boundaries of a release with absolute certainty. Further, as noted previously, NPL listing does not assign liability to any party or to the owner of any specific property. Thus, if a party does not believe it is liable for releases on discrete parcels of property, it can submit supporting information to the agency at any time after it receives notice it is a potentially responsible party.

For these reasons, the NPL need not be amended as further research reveals more information about the location of the contamination or release. This section also provides that the EPA shall consult with states on proposed deletions and shall consider whether any of the following criteria have been met:.

Total site cleanup may take many years, while portions of the site may have been cleaned up and made available for productive use. Inclusion of a site on the CCL has no legal significance. Sites qualify for the CCL when: 1 Any necessary physical construction is complete, whether or not final cleanup levels or other requirements have been achieved; 2 the EPA has determined that the response action should be limited to measures that do not involve construction e.

The Sitewide Ready for Anticipated Use measure represents important Superfund accomplishments and the measure reflects the high priority the EPA places on considering anticipated future land use as part of the remedy selection process. This measure applies to final and deleted sites where construction is complete, all cleanup goals have been achieved, and all institutional or other controls are in place.

The EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment for current and future land uses, in a manner that allows contaminated properties to be restored to environmental and economic vitality. In order to maintain close coordination with states and tribes in the NPL listing decision process, the EPA's policy is to determine the position of the states and tribes regarding sites that the EPA is considering for listing.

The EPA has improved the transparency of the process by which state and tribal input is solicited. The EPA is using the Web and where appropriate more structured state and tribal correspondence that 1 explains the concerns at the site and the EPA's rationale for proceeding; 2 requests an explanation of how the state intends to address the site if placement on the NPL is not favored; and 3 emphasizes the transparent nature of the process by informing states that information on their responses will be publicly available.

Yes, documents relating to the evaluation and scoring of the sites in this final rule are contained in dockets located both at the EPA headquarters and in the EPA regional offices. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facilities identified in section II.

The headquarters docket for this rule contains the HRS score sheets, the documentation record describing the information used to compute the score and a list of documents referenced in the documentation record for each site. The EPA regional dockets contain all the information in the headquarters docket, plus the actual reference documents containing the data principally relied upon by the EPA in calculating or evaluating the HRS score.

These reference documents are available only in the regional dockets. You may view the documents, by appointment only, after the publication of this rule. The hours of operation for the headquarters docket are from a. Please contact the regional dockets for hours. One comment was submitted to the Eagle Industries site docket, but that comment was unrelated to the site. One resident that lives in Newark supported the EPA's efforts to clean up the site.

Seven of those comments were submitted from local citizens. Two comments that were submitted by local environmental groups expressed support for the addition of the site to the NPL and requested responses from the EPA on questions that did not pertain to the proposed NPL addition. The EPA will be communicating with those groups directly to answer their questions. This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget OMB for review.

This action is not an Executive Order regulatory action because this action is not significant under Executive Order This action does not impose an information collection burden under the PRA. This rule does not contain any information collection requirements that require approval of the OMB. I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities.

This rule listing sites on the NPL does not impose any obligations on any group, including small entities. This rule also does not establish standards or requirements that any small entity must meet, and imposes no direct costs on any small entity. Whether an entity, small or otherwise, is liable for response costs for a release of hazardous substances depends on whether that entity is liable under CERCLA a.

Any such liability exists regardless of whether the site is listed on the NPL through this rulemaking. This action imposes no enforceable duty on any state, local or tribal governments or the private sector. Listing a site on the NPL does not itself impose any costs. Listing does not mean that the EPA necessarily will undertake remedial action. Nor does listing require any action by a private party, state, local or tribal governments or determine liability for response costs.

Costs that arise out of site responses result from future site-specific decisions regarding what actions to take, not directly from the act of placing a site on the NPL. This final rule does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

This action does not have tribal implications as specified in Executive Order Listing a site on the NPL does not impose any costs on a tribe or require a tribe to take remedial action. Thus, Executive Order does not apply to this action. This action is not subject to Executive Order because this action itself is procedural in nature adds sites to a list and does not, in and of itself, provide protection from environmental health and safety risks. Separate future regulatory actions are required for mitigation of environmental health and safety risks.

This action is not subject to Executive Order , because it is not a significant regulatory action under Executive Order The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment.

As discussed in Section I. The NPL is of only limited significance as it does not assign liability to any party. Under 5 U. Although INS v. Chadha, U. EPA, 86 F. Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. In this document, the Federal Communications Commission FCC or Commission adopted an Order that closes Lockbox and modifies the relevant rule provisions of filing and making fee payments in lieu of closing the lockbox.

Section of the Regulatory Flexibility Act, as amended, requires a regulatory flexibility analysis in notice and comment rulemaking proceedings. As we are adopting these rules without notice and comment, no regulatory flexibility analysis is required. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of PRA , Public Law In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of , Public Law , see 44 U.

In the Order, we reduce expenditures by the Commission and modernize procedures by amending section 1. We require the use of an electronic payment system and, wherever possible, electronic filing. Consistent with this change, we also make conforming revisions to sections 0. The FCC collects application processing fees using a series of P. Boxes located at U. Bank in St. Louis, Missouri. See 47 CFR 1. Section 1. The rule had also directed filers, who do not utilize the Commission's on-line filing and fee payment systems, to send manual filings and payments to P.

Box at U. The Commission has reduced its use of P. Boxes for the collection of fees and encouraged the use of electronic payment systems for all application and regulatory fees. These rules became effective November 30,

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