[Federal Register: March 26, 2007 (Volume 72, Number 57)]
[Proposed Rules]
[Page 14059-14060]
[DOCID:fr26mr07-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2006-0518; FRL-8278-1

New York: Incorporation by Reference of State Hazardous Waste
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to revise the codification of New York's
authorized hazardous waste program which is set forth in the
regulations entitled ``Approved State Hazardous Waste Management
Programs'', New York's authorized hazardous waste program. EPA will
incorporate by reference into the Code of Federal Regulations (CFR)
those provisions of the State regulations that are authorized and that
EPA will enforce under the Solid Waste Disposal Act, as amended and
commonly referred to as the Resource Conservative and Recovery Act
(RCRA). In the ``Rules and Regulations'' section of this Federal
Register, the EPA is codifying and incorporating by reference the
State's hazardous waste program as an immediate final rule. EPA did not
make a proposal prior to the immediate final rule because we believe
these actions are not controversial and do not expect comments that
oppose them. We have explained the reasons for this codification and
incorporation by reference in the preamble to the immediate final rule.
Unless we get written comments which oppose this incorporation by
reference during the comment period, the immediate final rule will
become effective on the date indicated, and we will not take further
action on this proposal. If we get comments that oppose these actions,
we will withdraw the immediate final rule and it will not take effect.
We 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 April 25, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
RCRA-2006-0518, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Send written comments to Michael Infurna, Division
of Environmental Planning and Protection, EPA, Region 2, 290 Broadway,
22nd Floor, New York, NY 10007.
     Hand Delivery or Courier: Deliver your comments to Michael
Infurna, Division of Environmental Planning and Protection, EPA, Region
2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The public is advised to call in advance to verify the business hours.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-RCRA-
2006-0518. EPA's policy is that all comments received will be included
in the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The Federal http://www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties,
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters or any form of encryption, and be free of any defects or
viruses. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
). Docket: All documents in the docket are listed in the

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available on in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy. You can inspect the records

related to this codification effort in the EPA Region 2 Library by
appointment only. To make an appointment please call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
floor, New York, NY 10007; telephone number<PHONE_NUMBER>; fax number:
(212) 637-437; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information please see the
immediate final rule published in the

``Rules and Regulations'' section of this Federal Register.

    Dated: January 4, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. 07-1454 Filed 3-23-07; 8:45 am]

BILLING CODE 6560-50-M


[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Page 58354]
[FR Doc No: 2013-23101]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday,
September 25, 2013 at 10:00 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: September 18, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-23101 Filed 9-19-13; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79893-79894]
[FR Doc No: 2015-32195]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0532; FRL--9940-07-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Beverage Can Surface Coating
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Beverage Can Surface
Coating (40 CFR part 60, subpart WW) (Renewal)'' (EPA ICR No. 0663.12,
OMB Control No. 2060-0001), to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through December 31, 2015. Public
comments were previously requested via the Federal Register (80 FR
32116) on June 5, 2015 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before January 22,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0532, to: (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS (40 CFR part 60, subpart A) and any changes, or
additions to the Provisions are specified at 40 CFR part 60, subpart
WW. Owners or operators of the beverage can surface coating facilities
must submit: an initial

notification reports, performance tests, periodic reports, and maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility, or any period
during which the monitoring system is inoperative. Reports are also
required semiannually.
    Form Numbers: None.
    Respondents/affected entities: Beverage can surface coating
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart WW).
    Estimated number of respondents: 48 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 5,190 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $623,000 (per year), which includes $101,000
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
respondent burden from the most recently approved ICR. The increase in
respondent labor hour is caused by a change in assumption; in this ICR,
we assume all existing sources will take some time each year to re-
familiarize themselves with the rule requirements. The small increase
in the total O&M cost is due to rounding; the total estimated costs
have been rounded to three significant digits in this ICR.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-32195 Filed 12-22-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Rules and Regulations]
[Pages 29690-29691]
[FR Doc No: 2021-11576]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31370; Amdt. No. 3957]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective June 3, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 3, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on May 14, 2021.
Wade Terrell,
Aviation Safety Manager, Flight Procedures & Airspace Group, Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CRF part
97 is amended by establishing, amending, suspending, or removing
Standard Instrument Approach Procedures and/or Takeoff Minimums and
Obstacle Departure Procedures effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 17 June 2021

Eagle, AK, PAEG, RNAV (GPS)-A, Orig-A
Juneau, AK, PAJN, LDA X RWY 8, Amdt 12C
King Salmon, AK, PAKN, VOR Y OR TACAN Y RWY 30, Amdt 12
St Mary's, AK, St Mary's, Takeoff Minimums and Obstacle DP, Amdt 2
Venetie, AK, PAVE, RNAV (GPS) RWY 4, Amdt 1
Venetie, AK, PAVE, RNAV (GPS) RWY 22, Amdt 1
White Mountain, AK, PAWM, RNAV (GPS) RWY 15, Amdt 1
White Mountain, AK, PAWM, RNAV (GPS) RWY 33, Amdt 1
Lakeland, FL, KLAL, ILS OR LOC RWY 9, ILS RWY 9 (SA CAT I), ILS RWY
9 (SA CAT II), Amdt 1A
Lakeland, FL, KLAL, RNAV (GPS) RWY 5, Orig-G
Lakeland, FL, KLAL, RNAV (GPS) RWY 9, Amdt 2E
Lakeland, FL, KLAL, RNAV (GPS) RWY 23, Orig-E
Lakeland, FL, KLAL, RNAV (GPS) RWY 27, Amdt 2D
Venice, FL, KVNC, RNAV (GPS) RWY 13, Amdt 2
Venice, FL, KVNC, RNAV (GPS) RWY 31, Amdt 2
Lawrenceville, GA, KLZU, ILS OR LOC RWY 25, Amdt 3
Lawrenceville, GA, KLZU, RNAV (GPS) RWY 7, Amdt 1
Lawrenceville, GA, KLZU, RNAV (GPS) RWY 25, Amdt 1
Guam, GU, Guam Intl, Takeoff Minimums and Obstacle DP, Amdt 1A
Perry, IA, KPRO, RNAV (GPS) RWY 32, Amdt 1B
Gooding, ID, Gooding Muni, RNAV (GPS) RWY 7, Amdt 1
Gooding, ID, Gooding Muni, RNAV (GPS) RWY 25, Amdt 1
Chicago/Waukegan, IL, KUGN, RNAV (GPS) RWY 5, Amdt 1
Gary, IN, KGYY, ILS OR LOC RWY 30, Amdt 7
Gary, IN, KGYY, RNAV (GPS) Y RWY 12, Amdt 3
Gary, IN, KGYY, RNAV (GPS) Y RWY 30, Amdt 2
Gary, IN, KGYY, RNAV (RNP) Z RWY 12, Amdt 2
Gary, IN, KGYY, RNAV (RNP) Z RWY 30, Amdt 2
Elizabethtown, KY, KEKX, ILS OR LOC RWY 5, Orig
Elizabethtown, KY, KEKX, LOC RWY 5, Orig, CANCELLED
Elizabethtown, KY, KEKX, RNAV (GPS) RWY 5, Amdt 1
Elizabethtown, KY, KEKX, RNAV (GPS) RWY 23, Orig-B
Westfield/Springfield, MA, KBAF, ILS OR LOC RWY 20, Amdt 8C
Augusta, ME, Augusta State, RNAV (GPS) RWY 8, Amdt 2
Eliot, ME, 3B4, RNAV (GPS) RWY 30, Amdt 1
Eliot, ME, 3B4, VOR-A, Amdt 2, CANCELLED
International Falls, MN, KINL, COPTER ILS OR LOC RWY 31, Amdt 2
International Falls, MN, KINL, ILS OR LOC RWY 13, Amdt 2
International Falls, MN, KINL, ILS OR LOC RWY 31, Amdt 11
International Falls, MN, KINL, RNAV (GPS) RWY 14, Orig
International Falls, MN, KINL, RNAV (GPS) RWY 32, Orig
International Falls, MN, Falls Intl-Einarson Field, Takeoff Minimums
and Obstacle DP, Amdt 4
Minneapolis, MN, KMSP, LOC RWY 22, Amdt 2
Ennis, MT, KEKS, RNAV (GPS) RWY 16, Amdt 2
Ennis, MT, KEKS, RNAV (GPS) RWY 34, Amdt 1
Lebanon, NH, KLEB, ILS OR LOC RWY 18, Amdt 7
Lebanon, NH, KLEB, VOR RWY 7, Amdt 1E, CANCELLED
Lebanon, NH, KLEB, VOR RWY 25, Amdt 1C, CANCELLED
Massena, NY, KMSS, RNAV (GPS) RWY 9, Amdt 2
Massena, NY, KMSS, RNAV (GPS) RWY 23, Amdt 2
Massena, NY, KMSS, RNAV (GPS) RWY 27, Amdt 2
New York, NY, KJFK, RNAV (GPS) Z RWY 13L, Orig-B
Prineville, OR, S39, RNAV (GPS) RWY 11, Amdt 3
Prineville, OR, S39, RNAV (GPS) RWY 29, Amdt 3
Prineville, OR, Prineville, Takeoff Minimums and Obstacle DP, Amdt
2B
Yankton, SD, KYKN, ILS OR LOC RWY 31, Amdt 5
Yankton, SD, KYKN, RNAV (GPS) RWY 13, Amdt 1
Yankton, SD, KYKN, RNAV (GPS) RWY 31, Amdt 1
Yankton, SD, Chan Gurney Muni, Takeoff Minimums and Obstacle DP,
Amdt 3
Yankton, SD, KYKN, VOR RWY 13, Amdt 4
Grand Prairie, TX, KGPM, RNAV (GPS) RWY 36, Orig-B
Grand Prairie, TX, Grand Prairie Muni, Takeoff Minimums and Obstacle
DP, Amdt 5A
Grand Prairie, TX, KGPM, VOR RWY 36, Amdt 1B
Springfield, VT, KVSF, LOC RWY 5, Amdt 5
Petersburg, WV, W99, COPTER RNAV (GPS) X RWY 31. Orig-A
Petersburg, WV, W99, RNAV (GPS) Y RWY 31. Orig-B
Petersburg, WV, W99, RNAV (GPS) Z RWY 31. Orig-B

    Rescinded: On April 19, 2021 (86 FR 20276), the FAA published an
Amendment in Docket No. 31364 Amdt No. 3951, to Part 97 of the
Federal Aviation Regulations under section 97.37. The following
entry for Fairbanks, AK, effective June 17, 2021, is hereby
rescinded in its entirety:

Fairbanks, AK, Fairbanks Intl, Takeoff Minimums and Obstacle DP,
Amdt 6B

[FR Doc. 2021-11576 Filed 6-2-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 79074-79075]
[FR Doc No: 2013-31024]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0130]

Technical Report Evaluating Seat Belt Pretensioners and Load
Limiters

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Request for comments on technical report.

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SUMMARY: This notice announces NHTSA's publication of a technical
report evaluating the effectiveness of pretensioners and load limiters
for seat belts in the front seats of passenger cars and LTVs. The
report's title is: Effectiveness of Pretensioners and Load Limiters for
Enhancing Fatality Reduction by Seat Belts.

DATES: Comments must be received no later than April 22, 2014.

ADDRESSES:
    Report: The technical report is available on the Internet for
viewing in PDF format at http://www-nrd.nhtsa.dot.gov/Pubs/811835.pdf.
You may obtain a copy of the report free of charge by sending a self-
addressed mailing label to Charles J. Kahane (NVS-431), National
Highway Traffic Safety Administration, Room W53-312, 1200 New Jersey
Avenue SE., Washington, DC 20590.
    Comments: You may submit comments [identified by Docket Number
NHTSA-2013-0130] by any of the following methods:
     Internet: To submit comments electronically, go to the
U.S. Government regulations Web site at http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: Written comments may be faxed to<PHONE_NUMBER>.
     Mail: Send comments to Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery: If you plan to submit written comments by
hand or courier, please do so at 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC between 9 a.m. and
5 p.m. Eastern Time, Monday through Friday, except federal holidays
     You may call Docket Management at 1-800-647-5527.
    Instructions: For detailed instructions on submitting comments and
additional information see the Comments heading of the Supplementary
Information section of this document. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
in the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Charles J. Kahane, Chief, Evaluation
Division, NVS-431, National Center for Statistics and Analysis,
National Highway Traffic Safety Administration, Room W53-312, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pretensioners and load limiters are

technologies designed to make seat belts more effective. Pretensioners
retract the seat belt to remove excess slack almost instantly upon
sensing the vehicle has crashed. Load limiters allow the belt to
``give'' or yield when forces on the belt rise above a predetermined
level. NHTSA has long encouraged--but never required--installation of
these technologies in the front seats of vehicles. By model year 2008,
all new cars and LTVs sold in the United States were equipped with
pretensioners and load limiters at the driver's and right-front
passenger's seats. Double-pair comparison analyses of FARS data for
1986 to 2011 compare the fatality-reducing effectiveness of seat belts
with and without pretensioners and load limiters at those seats. In
passenger cars, CUVs, and minivans, a belted driver or right-front
passenger has an estimated 12.8 percent lower fatality risk if the belt
is equipped with a pretensioner and a load limiter than if it is not
equipped with either (95% confidence bounds: 2.6% to 23.0%). By
contrast, the analyses of the currently available data do not yet show
a significant effect for pretensioners and load limiters in truck-based
LTVs (pickup trucks, SUVs with body-and-frame construction, and full-
sized vans); it may be advisable to rerun the analyses in about 4 or 5
years when more data will be available.
    Comments:

How can I influence NHTSA's thinking on this subject?

    NHTSA welcomes public review of the technical report. NHTSA will
submit to the Docket a response to the comments and, if appropriate,
will supplement or revise the report.

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the Docket
number of this document (NHTSA-2013-0130) in your comments.
    Your primary comments must not be more than 15 pages long (49 CFR
553.21). However, you may attach additional documents to your primary
comments. There is no limit on the length of the attachments.
    Please submit one copy of your comments, including the attachments,
to Docket Management at the address given above under ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg_reproducible. DOT's guidelines
may be accessed at http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/subject_areas/statistical_policy_and_research/data_quality_guidelines/index.html.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail. You may also periodically
access http://www.regulations.gov and enter the number for this docket
(NHTSA-2013-0130) to see if your comments are on line.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. In
addition, you should submit a copy, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above under ADDRESSES. When you send a comment containing
information claimed to be confidential business information, you should
include a cover letter setting forth the information specified in our
confidential business information regulation. (49 CFR Part 512.)

Will the agency consider late comments?

    In our response, we will consider all comments that Docket
Management receives before the close of business on the comment closing
date indicated above under DATES. To the extent possible, we will also
consider comments that Docket Management receives after that date.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) at http://www.regulations.gov.
    (2) FDMS provides two basic methods of searching to retrieve
dockets and docket materials that are available in the system: (a)
``Quick Search'' to search using a full-text search engine, or (b)
``Advanced Search,'' which displays various indexed fields such as the
docket name, docket identification number, phase of the action,
initiating office, date of issuance, document title, document
identification number, type of document, Federal Register reference,
CFR citation, etc. Each data field in the advanced search may be
searched independently or in combination with other fields, as desired.
Each search yields a simultaneous display of all available information
found in FDMS that is relevant to the requested subject or topic.
    (3) You may download the comments. However, since the comments are
imaged documents, instead of word processing documents, the ``pdf''
versions of the documents are word searchable.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

    Authority: 49 U.S.C. 30111, 30181-83 delegation of authority at
49 CFR 1.95 and 501.8.

    Issued in Washington, DC, on December 23, 2013.
James F. Simons,
Director, Office of Regulatory Analysis and Evaluation.
[FR Doc. 2013-31024 Filed 12-26-13; 8:45 am]
BILLING CODE 4910-59-P


( iii) Reviews of federal, tribal, state, and local government records ( see § 312.26);

( iv) Visual inspections of the facility and of adjoining properties ( see § 312.27); and ( v) The declaration by the environmental professional ( see § 312.21( d)).

( 4) Previously collected information is updated to include relevant changes in the conditions of the property and specialized knowledge, as outlined in § 312.28, of the persons conducting the all appropriate inquiries for the subject property, including persons identified in § 312.1( b) and the environmental professional, defined in § 312.10.

( c) All appropriate inquiries can include the results of report( s) specified in § 312.21( c),

that have been prepared by or for other persons, provided that:

( 1) The report( s) meets the objectives and performance factors of this regulation, as specified in paragraphs ( d) and ( e) of this section; and ( 2) The person specified in § 312.1( b) and seeking to use the previously collected 144 information reviews the information and conducts the additional inquiries pursuant to § § 312.28,

312.29 and 312.30 and the all appropriate inquiries are updated per paragraph ( b)( 3) of this section, as necessary.

( d) Objectives. The standards and practices set forth in this part for All Appropriate Inquiries are intended to result in the identification of conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the subject property.

( 1) In performing the all appropriate inquiries, as defined in this section and provided in the standards and practices set forth this subpart, the persons identified under § 312.1( b)( 1) and the environmental professional, as defined in § 312.10, must seek to identify through the conduct of the standards and practices set forth in this subpart, the following types of information about the subject property:

( i) Current and past property uses and occupancies;

( ii) Current and past uses of hazardous substances;

( iii) Waste management and disposal activities that could have caused releases or threatened releases of hazardous substances;

( iv) Current and past corrective actions and response activities undertaken to address past and on going releases of hazardous substances;

( v) Engineering controls;

( vi) Institutional controls; and ( vii) Properties adjoining or located nearby the subject property that have environmental conditions that could have resulted in conditions indicative of releases or threatened releases of hazardous substances to the subject property. 145 ( 2) In the case of persons identified in § 312.1( b)( 2), the standards and practices for All Appropriate Inquiries set forth in this part are intended to result in the identification of conditions indicative of releases and threatened releases of hazardous substances, pollutants,

contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802) on, at, in, or to the subject property. In performing the all appropriate inquiries, as defined in this section and provided in the standards and practices set forth in this subpart, the persons identified under § 312.1( b) and the environmental professional, as defined in § 312.10,

must seek to identify through the conduct of the standards and practices set forth in this subpart, the following types of information about the subject property:

( i) Current and past property uses and occupancies;

( ii) Current and past uses of hazardous substances, pollutants, contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802);

( iii) Waste management and disposal activities;

( iv) Current and past corrective actions and response activities undertaken to address past and on going releases of hazardous substances pollutants, contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802);

( v) Engineering controls;

( vi) Institutional controls; and ( vii) Properties adjoining or located nearby the subject property that have environmental conditions that could have resulted in conditions indicative of releases or threatened releases of hazardous substances, pollutants, contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802) to the subject property. 146 ( e) Performance factors. In performing each of the standards and practices set forth in this subpart and to meet the objectives stated in paragraph ( d) of this section, the persons identified under § 312.1( b) or the environmental professional as defined in § 312.10 ( as appropriate to the particular standard and practice) must seek to:

( 1) Gather the information that is required for each standard and practice listed in this subpart that is publicly available, obtainable from its source within reasonable time and cost constraints, and which can practicably be reviewed; and ( 2) Review and evaluate the thoroughness and reliability of the information gathered in complying with each standard and practice listed in this subpart taking into account information gathered in the course of complying with the other standards and practices of this subpart.

( f) To the extent there are data gaps ( as defined in § 312.10) in the information developed as part of the inquiries per paragraph ( e) of this section that affect the ability of persons ( including the environmental professional) conducting the all appropriate inquiries to identify conditions indicative of releases or threatened releases ( such as in the historical record of property uses) in each area of inquiry under each standard and practice such persons should identify such data gaps, identify the sources of information consulted to address such data gaps,

and comment upon the significance of such data gaps with regard to the ability to identify conditions indicative of releases or threatened releases of hazardous substances [ and in the case of persons identified in § 312.1( b)( 2), hazardous substances, pollutants, contaminants,

petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802)]

on, at, in, or to the subject property. Sampling and analysis may be conducted to develop information to address data gaps. 147 ( g) Releases and threatened releases identified as part of the all appropriate inquiries should be noted in the report of the inquiries. These standards and practices however are not intended to require the identification of quantities or amounts, either individually or in the aggregate, of hazardous substances pollutants, contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802) that because of said quantities and amounts, generally would not pose a threat to human health or the environment.

§ 312.21 Results of inquiry by an environmental professional.

( a) Persons identified under § 312.1( b) must undertake an inquiry, as defined in paragraph ( b) of this section, by an environmental professional, or conducted under the supervision or responsible charge of, an environmental professional, as defined in § 312.10. Such inquiry is hereafter referred to as " the inquiry of the environmental professional."

( b) The inquiry of the environmental professional must include the requirements set forth in § § 312.23 ( interviews with past and present owners...), 312.24 ( reviews of historical sources...), 312.26 ( reviews of government records), 312.27 ( visual inspections), 312.30 ( commonly known or reasonably attainable information), and 312.31 ( degree of obviousness of the presence... and the ability to detect the contamination...). In addition, the inquiry should take into account information provided to the environmental professional as a result of the additional inquiries conducted by persons identified in § 312.1( b) and in accordance with the requirements of § 312.22.

( c) The results of the inquiry by an environmental professional must be documented in a written report that, at a minimum, includes the following: 148 ( 1) An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances [ and in the case of inquiries conducted for persons identified in § 312.1( b)( 2) conditions indicative of releases and threatened releases of pollutants,

contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802)] on, at, in, or to the subject property;

( 2) An identification of data gaps ( as defined in § 312.10) in the information developed as part of the inquiry that affect the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances [ and in the case of inquiries conducted for persons identified in § 312.1( b)( 2) conditions indicative of releases and threatened releases of pollutants, contaminants, petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802)] on, at, in, or to the subject property and comments regarding the significance of such data gaps on the environmental professional's ability to provide an opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases on, at, in, or to the subject property. If there are data gaps such that the environmental professional cannot reach an opinion regarding the identification of conditions indicative of releases and threatened releases, such data gaps must be noted in the environmental professional's opinion per paragraph ( c)( 1) of this section; and ( 3) The qualifications of the environmental professional( s).

( d) The environmental professional must place the following statement in the written document identified in paragraph ( c) of this section and sign the document:

"[ I, We] declare that, to the best of [ my, our] professional knowledge and 149 belief, [ I, we] meet the definition of Environmental Professional as defined in § 312.10 of this part."

"[ I, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [ I, We] have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312."

§ 312.22 Additional inquiries.

( a) Persons identified under § 312.1( b) must provide the following information to the environmental professional responsible for conducting the activities listed in § 312.21:

( 1) As required by § 312.25 and if not otherwise obtained by the environmental professional, environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state, or local law;

( 2) As required by § 312.28, specialized knowledge or experience of the person identified in § 312.1( b);

( 3) As required by § 312.29, the relationship of the purchase price to the fair market value of the subject property, if the property was not contaminated; and ( 4) As required by § 312.30, commonly known or reasonably ascertainable information about the subject property.

§ 312.23 Interviews with past and present owners, operators, and occupants. 150 ( a) Interviews with past and present owners, operators, and occupants of the subject property must be conducted for the purposes of achieving the objectives and performance factors of § 312.20( d) and ( e).

( b) The inquiry of the environmental professional must include interviewing the current owner and occupant of the subject property. If the property has multiple occupants, the inquiry of the environmental professional shall include interviewing major occupants, as well as those occupants likely to use, store, treat, handle or dispose of hazardous substances [ and in the case of inquiries conducted for persons identified in § 312.1( b)( 2) pollutants, contaminants,

petroleum and petroleum products, and controlled substances ( as defined in 21 U. S. C. 802)], or those who have likely done so in the past.

( c) The inquiry of the environmental professional also should include, to the extent necessary to achieve the objectives and performance factors of § 312.20( d) and ( e), interviewing one or more of the following persons:

( 1) Current and past facility managers with relevant knowledge of uses and physical characteristics of the property;

( 2) Past owners, occupants, or operators of the subject property; or ( 3) Employees of current and past occupants of the subject property.

( d) In the case of inquiries conducted at " abandoned properties," as defined in § 312.10,

where there is evidence of potential unauthorized uses of the subject property or evidence of uncontrolled access to the subject property, the environmental professional's inquiry must include interviewing one or more ( as necessary) owners or occupants of neighboring or nearby properties from which it appears possible to have observed uses of, or releases at, such 151 abandoned properties for the purpose of gathering information necessary to achieve the objectives and performance factors of § 312.20( d) and ( e).

§ 312.24 Reviews of historical sources of information.

( a) Historical documents and records must be reviewed for the purposes of achieving the objectives and performance factors of § 312.20( d) and ( e). Historical documents and records may include, but are not limited to, aerial photographs, fire insurance maps, building department records, chain of title documents, and land use records.

( b) Historical documents and records reviewed must cover a period of time as far back in the history of the subject property as it can be shown that the property contained structures or from the time the property was first used for residential, agricultural, commercial, industrial, or governmental purposes. For the purpose of achieving the objectives and performance factors of § 312.20( d) and ( e), the environmental professional may exercise professional judgment in context of the facts available at the time of the inquiry as to how far back in time it is necessary to search historical records.

§ 312.25 Searches for recorded environmental cleanup liens.

( a) All appropriate inquiries must include a search for the existence of environmental cleanup liens against the subject property that are filed or recorded under federal, tribal, state,

or local law.

( b) All information collected regarding the existence of such environmental cleanup liens associated with the subject property must be provided to the environmental professional. 152 § 312.26 Reviews of Federal, Tribal, State, and local government records.

( a) Federal, tribal, state, and local government records or data bases of government records of the subject property and adjoining properties must be reviewed for the purposes of achieving the objectives and performance factors of § 312.20( d) and ( e).

( b) With regard to the subject property, the review of federal, tribal, and state government records or data bases of such government records and local government records and data bases of such records should include:

( 1) Records of reported releases or threatened releases, including site investigation reports for the subject property;

( 2) Records of activities, conditions, or incidents likely to cause or contribute to releases or threatened releases as defined in § 312.1( c), including landfill and other disposal unit location records and permits, storage tank records and permits, hazardous waste handler and generator records and permits, federal, tribal and state government listings of sites identified as priority cleanup sites, and spill reporting records;

( 3) CERCLIS records;

( 4) Public health records;

( 5) Emergency Response Notification System records;

( 6) Registries or publicly available lists of engineering controls; and ( 7) Registries or publicly available lists of institutional controls, including environmental land use restrictions, applicable to the subject property.

( c) With regard to nearby or adjoining properties, the review of federal, tribal, state, and local government records or databases of government records should include the identification 153 of the following:

( 1) Properties for which there are government records of reported releases or threatened releases. Such records or databases containing such records and the associated distances from the subject property for which such information should be searched include the following:

( i) Records of NPL sites or tribal and state equivalent sites ( one mile);

( ii) RCRA facilities subject to corrective action ( one mile);

( iii) Records of federally registered, or state permitted or registered, hazardous waste sites identified for investigation or remediation, such as sites enrolled in state and tribal voluntary cleanup programs and tribal and state listed brownfields sites ( one half mile);

( iv) Records of leaking underground storage tanks ( one half mile); and ( 2) Properties that previously were identified or regulated by a government entity due to environmental concerns at the property. Such records or databases containing such records and the associated distances from the subject property for which such information should be searched include the following:

( i) Records of delisted NPL sites ( one half mile);

( ii) Registries or publicly available lists of engineering controls ( one half mile);

( iii) Registries or publicly available lists of institutional controls ( one half mile); and ( iv) Records of former CERCLIS sites with no further remedial action notices ( one half mile).

( 3) Properties for which there are records of federally permitted, tribal permitted or registered, or state permitted or registered waste management activities. Such records or data bases that may contain such records include the following: 154 ( i) Records of RCRA small quantity and large quantity generators ( adjoining properties)

( ii) Records of federally permitted, tribal permitted, or state permitted ( or registered)

landfills and solid waste management facilities ( one half mile); and ( iii) Records of registered storage tanks ( adjoining property).

( 4) A review of additional government records with regard to sites identified under paragraphs ( c)( 1) through ( c)( 3) of this section may be necessary in the judgment of the environmental professional for the purpose of achieving the objectives and performance factors of § 312.20( d) and ( e).

( d) The search distance from the subject property boundary for reviewing government records or databases of government records listed in paragraph ( c) of this section may be modified based upon the professional judgment of the environmental professional. The rationale for such modifications must be documented by the environmental professional. The environmental professional may consider one or more of the following factors in determining an alternate appropriate search distance:

( 1) The nature and extent of a release;

( 2) Geologic, hydrogeologic, or topographic conditions of the subject property and surrounding environment;

( 3) Land use or development densities;

( 4) The property type;

( 5) Existing or past uses of surrounding properties;

( 6) Potential migration pathways ( e. g., groundwater flow direction, prevalent wind direction); or 155 ( 7) Other relevant factors.

§ 312.27 Visual inspections of the facility and of adjoining properties.

( a) For the purpose of achieving the objectives and performance factors of § 312.20( d)

and ( e), the inquiry of the environmental professional must include:

( 1) A visual on site inspection of the subject property and facilities and improvements on the subject property, including a visual inspection of the areas where hazardous substances may be or may have been used, stored, treated, handled, or disposed. Physical limitations to the visual inspection must be noted.

( 2) A visual inspection of adjoining properties, from the subject property line, public rights of way, or other vantage point ( e. g., aerial photography), including a visual inspection of areas where hazardous substances may be or may have been stored, treated, handled or disposed. Physical limitations to the inspection of adjacent properties must be noted.

( b) Persons conducting site characterization and assessments using a grant awarded under CERCLA Section 104( k)( 2)( B) must include in the inquiries referenced in § 312.27( a)

visual inspections of areas where hazardous substances, and may include, as applicable per the terms and conditions of the grant or cooperative agreement, pollutants and contaminants,

petroleum and petroleum products, and controlled substances as defined in 21 U. S. C. 802 may be or may have been used, stored, treated, handled or disposed at the subject property and adjoining properties.

( c) Except as noted in this subsection, a visual on site inspection of the subject property must be conducted. In the unusual circumstance where an on site visual inspection of the 156 subject property cannot be performed because of physical limitations, remote and inaccessible location, or other inability to obtain access to the property, provided good faith ( as defined in § 312.10) efforts have been taken to obtain such access, an on site inspection will not be required. ( The mere refusal of a voluntary seller to provide access to the subject property does not constitute an unusual circumstance.) In such unusual circumstances, the inquiry of the environmental professional must include:

( 1) Visually inspecting the subject property via another method ( such as aerial imagery for large properties), or visually inspecting the subject property from the nearest accessible vantage point ( such as the property line or public road for small properties);

( 2) Documentation of efforts undertaken to obtain access and an explanation of why such efforts were unsuccessful; and ( 3) Documentation of other sources of information regarding releases or threatened releases at the subject property that were consulted in accordance with § 312.20( e). Such documentation should include comments by the environmental professional on the significance of the failure to conduct a visual on site inspection of the subject property with regard to the ability to identify conditions indicative of releases or threatened releases on, at, in, or to the subject property, if any.

§ 312.28 Specialized knowledge or experience on the part of the defendant.

( a) Persons to whom this part is applicable per § 312.1( b) must take into account, their specialized knowledge of the subject property, the area surrounding the subject property, the conditions of adjoining properties, and any other experience relevant to the inquiry, for the 157 purpose of identifying conditions indicative of releases or threatened releases at the subject property, as defined in § 312.1( c).

( b) All appropriate inquiries, as outlined in § 312.20, are not complete unless the results of the inquiries take into account the relevant and applicable specialized knowledge and experience of the persons responsible for undertaking the inquiry ( as described in § 312.1( b)).

§ 312.29 The relationship of the purchase price to the value of the property, if the property was not contaminated.

( a) Persons to whom this part is applicable per § 312.1( b) must consider whether the purchase price of the subject property reasonably reflects the fair market value of the property,

if the property were not contaminated.

( b) Persons who conclude that the purchase price of the subject property does not reasonably reflect the fair market value of that property, if the property were not contaminated,

should consider whether or not the differential in purchase price and fair market value is due to the presence of releases or threatened releases of hazardous substances.

( c) Persons conducting site characterization and assessments with the use of a grant awarded under CERCLA Section 104( k)( 2)( B) and who know that the purchase price of the subject property does not reasonably reflect the fair market value of that property, if the property were not contaminated, should consider whether or not the differential in purchase price and fair market value is due to the presence of releases or threatened releases of hazardous substances, pollutants, contaminants, petroleum and petroleum products, and/ or controlled substances as defined in 21 U. S. C. 802. 158 § 312.30 Commonly known or reasonably ascertainable information about the property.

( a) Throughout the inquiries, persons to whom this part is applicable per § 312.1( b) and environmental professionals conducting the inquiry must take into account commonly known or reasonably ascertainable information within the local community about the subject property and consider such information when seeking to identify conditions indicative of releases or threatened releases, as set forth in § 312.1( c), at the subject property.

( b) Commonly known information may include information obtained by the person to whom this part applies per § 312.1( b) or by the environmental professional about releases or threatened releases at the subject property that is incidental to the information obtained during the inquiry of the environmental professional.

( c) To the extent necessary to achieve the objectives and performance factors of § 312.20( d) and ( e), the environmental professional should gather information from varied sources whose input either individually or taken together may provide commonly known or reasonably ascertainable information about the subject property; the environmental professional may refer to one or more of the following sources of information:

( 1) Current owners or occupants of neighboring properties or properties adjacent to the subject property;

( 2) Local and state government officials who may have knowledge of, or information related to, the subject property;

( 3) Others with knowledge of the subject property; and ( 4) Other sources of information ( e. g., newspapers, websites, community organizations,

local libraries and historical societies). 159 § 312.31 The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation.

( a) Persons to whom this part is applicable per § 312.1( b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under § 312.23 through 312.30 in considering the degree of obviousness of the presence of releases or threatened releases at the subject property.

( b) Persons to whom this part is applicable per § 312.1( b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under § 312.23 through 312.30 in considering the ability to detect contamination by appropriate investigation. The inquiry of the environmental professional should include an opinion regarding additional appropriate investigation, if any.