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OMB Approvals Under the Paperwork Reduction Act; Technical Amendment

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  

[Federal Register: January 22, 2001 (Volume 66, Number 14)]
[Rules and Regulations]
[Page 6480-6481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja01-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-6935-8]


OMB Approvals Under the Paperwork Reduction Act; Technical
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
technical amendment amends the table that lists the Office of
Management and Budget (OMB) control numbers issued under the PRA for
Accidental Release Prevention Requirements; Risk Management Programs
Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site
Consequence Analysis Information.

EFFECTIVE DATE: This final rule is effective January 22, 2001.

[[Page 6481]]

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, (202) 564-8019.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently
approved information collection request (ICR) control numbers issued by
OMB for various regulations. The amendment updates the table to list
those information collection requirements promulgated under the
Accidental Release Prevention Requirements; Risk Management Programs
Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site
Consequence Analysis Information, which appeared in the Federal
Register on August 4, 2000 (65 FR 48107). The affected regulations are
codified at 40 CFR Part 1400. EPA will continue to present OMB control
numbers in a consolidated table format to be codified in 40 CFR Part 9
of the Agency's regulations. The table lists CFR citations with
reporting, recordkeeping, or other information collection requirements,
and the current OMB control numbers. This listing of the OMB control
numbers and their subsequent codification in the CFR satisfies the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
and OMB's implementing regulations at 5 CFR Part 1320.
    This ICR was previously subject to public notice and comment prior
to OMB approval. Due to the technical nature of the table, EPA finds
that further notice and comment is unnecessary. As a result, EPA finds
that there is ``good cause'' under section 553(b)(B) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(B), to amend this table
without prior notice and comment.

I. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets
Executive Order 13045 as applying only to those regulatory actions that
are based on health or safety risks, such that the analysis required
under section 5-501 of the Order has the potential to influence the
regulation. This rule is not subject to Executive Order 13045 because
it does not establish an environmental standard intended to mitigate
health or safety risks.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides 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. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of January 22,
2001. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: January 12, 2001.
Timothy Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set out in the preamble, 40 CFR part 9 is amended
as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

    2. In Sec. 9.1 the table is amended by adding a new heading for
Distribution of Off-Site Consequence Analysis Information and entries
in numerical order to read as follows:

Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

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------------------------------------------------------------------------
                                                            OMB control
                     40 CFR citation                            No.
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                          *    *    *    *    *
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        Distribution of Off-Site Consequence Analysis Information
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1400.3..................................................       2050-0172
1400.4..................................................       2050-0172
1400.6..................................................       2050-0172
1400.9..................................................       2050-0172
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[FR Doc. 01-1826 Filed 1-19-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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