[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Rules and Regulations]
[Pages 71375-71376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34304]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 142

[FRL-6210-7]


OMB Approval Numbers Under the Paperwork Reduction Act and 
Technical Correction to Consumer Confidence Report Rule

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 
the Consumer Confidence Report Rule, which EPA issued under the Safe 
Drinking Water Act. This amendment also corrects a typographical error 
in the rule.

EFFECTIVE DATE: This final rule is effective December 28, 1998.

FOR FURTHER INFORMATION CONTACT: Francoise M. Brasier (phone: 202-260-
5668 or e-mail [email protected]) or Rob Allison (phone: 202-
260-9836 or e-mail [email protected]).

SUPPLEMENTARY INFORMATION: EPA is today amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. This action also corrects an incorrect 
citation in Sec. 142.78 (b).
    Today's amendment updates the table to list those information 
requirements promulgated under the Consumer Confidence Report Rule, 
which appeared in the Federal Register on August 19, 1998 (63 FR 
44511). The affected regulations are codified at 40 Code of Federal 
Regulations (CFR) parts 141 and 142.
    EPA will continue to present OMB control numbers in a consolidated 
table format codified at 40 CFR part 9 of the Agency's regulations, and 
in each CFR volume containing EPA regulations. The table lists the 
section numbers with reporting and recordkeeping requirements, and the 
current OMB control numbers. This listing of the OMB control numbers 
and their subsequent codification in the CFR satisfy the requirements 
of the PRA (44 U.S.C. 3501 et seq.) and OMB's implementing regulations 
at 5 CFR part 1320.
    This ICR was subject to public notice and comment prior to OMB 
approval. 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. Due to 
the technical nature of the table, further notice and comment would be 
unnecessary. Similarly, because this action does not affect the 
substantive provisions of this rule, EPA believes that there is good 
cause to make this rule effective immediately, as provided in 5 U.S.C. 
553(d)(3).
    EPA inadvertently cited Sec. 144.155(a) in the final sentence of 
Sec. 142.78(b). Today, EPA corrects that citation by replacing 
``Sec. 144.155(a)'' with ``Sec. 141.155(a).'' EPA believes this 
correction to be technical and non-controversial, and therefore not 
needing additional notice-and-comment or a delayed effective date.
    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 OMB. In addition, this action does not impose any 
enforceable duty or 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); establish any 
technical standards subject to the section 12(d) of the National 
Technology Transfer and Advancement Act; or require prior consultation 
with State, local, or tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or with officials 
of Indian tribal governments as specified by Executive Order 13084 (63 
FR 27655, May 10, 1998).
    This action does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because it does not establish 
an environmental standard intended to mitigate health or safety risks. 
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.

[[Page 71376]]

601 et seq.). EPA's compliance with these statutes and Executive Orders 
for the underlying rule is discussed in the August 19, 1998 Federal 
Register action.
    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 rule 
effective sooner than otherwise provided by the CRA if the agency makes 
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 December 28, 
1998. 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 in 
the Federal Register. This action is not a major rule as defined by 5 
U.S.C. 804(2).

    Dated: December 18, 1998.
J. Charles Fox,
Assistant Administrator, Office of Water.
    For the reasons set out in the preamble, title 40 chapter I of the 
Code of Federal Regulations 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. Section 9.1 is amended by adding the new entries in numerical 
order under the indicated heading in the table to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                  40 CFR citation                    OMB control number
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*                  *                  *                  *
                  *                  *                  *
               National Primary Drinking Water Regulations
 
 
*                  *                  *                  *
                  *                  *                  *
141.153-141.155...................................             2040-0201
 
*                  *                  *                  *
                  *                  *                  *
       National Primary Drinking Water Regulations Implementation
 
 
*                  *                  *                  *
                  *                  *                  *
142.16(f).........................................             2040-0201
 
*                  *                  *                  *
                  *                  *                  *
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PART 142--[AMENDED]

    3. The authority citation for part 142 continues to read as 
follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.

    4. Section 142.78 is amended by revising paragraph (b) to read as 
follows:


Sec. 142.78  Procedure for processing an Indian Tribe's application.

* * * * *
    (b) A tribe that meets the requirements of Sec. 141.72 of this 
chapter is eligible to apply for development grants and primacy 
enforcement responsibility for a Public Water System Program and 
associated funding under section 1443(a) of the Act and for primary 
enforcement responsibility for public water systems under section 1413 
of the Act and for the authority to waive the mailing requirement of 
Sec. 141.155(a) of this chapter.

[FR Doc. 98-34304 Filed 12-24-98; 8:45 am]
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