[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 6480-6481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1826]


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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]
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