[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Rules and Regulations]
[Pages 34374-34376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16269]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

48 CFR Chapter XV

[FRL-6772-2]


Change of Official EPA Mailing Address; Additional Technical 
Amendments and Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In a previously published Federal Register (FR) document, EPA 
changed the official mailing address in the Code of Federal 
Regulations, where applicable, to reflect EPA's relocation of the 
majority of its Headquarter offices in the Washington Metropolitan area 
to new offices in downtown Washington, DC. However, with 25 CFR 
volumes, 6 major program areas, and continual amending of the Agency's 
regulations, it was inevitable that there would be problems. This 
document is continuing the update and correcting errors made in the 
previously published FR document. Although the official mailing address 
has changed, the physical location of the public information centers 
and dockets has not yet changed. This relocation effort will eventually 
consolidate the EPA Headquarter offices in the Washington Metropolitan 
area providing for increased savings, efficiency, and enhancement of 
customer services. The EPA mailing address change will be phased in for 
all EPA correspondence, publications, forms, and other documents.

DATES: This final rule is effective on June 28, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Lapsley, Director of Regulatory 
Management Staff, Office of Policy, Economics, and Innovation (1806), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-5480; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and has 
particular applicability to anyone who might need or want to 
communicate in writing with EPA, or submit information to the Agency. 
Since this action may apply to anyone, the Agency has not attempted to 
describe all the specific entities that may be affected by this action. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. To access this 
document, on the Home Page select ``Laws and Regulations,'' 
``Regulations and Proposed Rules,'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 
CFR chapter I is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40tab_00.html and for 48 CFR chapter 15 at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_48/48cfrv6_00.html, these 
beta sites are currently under development.

II. Background

A. What Action is the Agency Taking?

    EPA announced and amended its official mailing address in the 
Federal Register issue of August 2, 2000 (65 FR 47323) (FRL-6487-4). 
With 25 CFR volumes, 6 major program areas, and continual amending of 
the Agency's regulations, it was inevitable that there would be 
problems. The technical amendments and corrections in this document 
will address the problems identified in the the new electronic CFR (e-
CFR) available on the Government Printing Office server by the OFR 
editors during their update.
    As explained in the August FR document, EPA is relocating its 
Headquarter offices in the Washington Metropolitan area to new offices 
in downtown Washington, DC. This effort will consolidate the majority 
of the EPA Headquarter offices in the Washington Metropolitan area 
providing for increased savings, efficiency, and enhancement of 
customer services. To date, approximately two-thirds of the EPA 
Headquarter offices have been successfully relocated to the new 
location, with the remaining offices expected to move within the next 2 
years. Although not all of the offices have been relocated, the Agency 
will begin to phase in the new address for all of its documents over 
the next 12 months.
    Although EPA's official mailing address has changed, EPA will 
continue to receive mail with the old address until the EPA relocation 
is complete. The EPA mailing center which processes all of EPA's mail 
has not been relocated yet, so EPA will continue to physically receive 
and process all of its mail at its current location until this 
operation is relocated.
    If you wish to inspect a rulemaking record or deliver documents 
(e.g., your comments on a rulemaking) directly to the public record 
centers, which are also referred to as the public docket or locations 
for the public version of the official record, you should pay 
particular attention to information about the specific location of the 
particular public record center, because these record centers have not 
been relocated. EPA intends to consolidate these centers in the new 
location, and will announce the relocation when it occurs. For 
information about the location of these centers go to http://www.epa.gov/epahome/dockets.htm.
    In certain cases, the EPA mailing address provided in the 
regulations, or in instructions for submitting a form or other 
information to EPA, may be an address other than the official mailing 
address for EPA Headquarter offices. In amending the CFR to reflect the 
address change, this FR document specifically identifies those CFR 
sections where the EPA address provided should not be changed. In 
addition, if you are responding to a request for comments, or otherwise 
wish to deliver your submission directly to a public docket or a 
particular office, please be sure to verify the relevant location to 
ensure that you identify the proper delivery address.
    EPA intends to review existing regulatory documents, particularly 
forms and instructions for submitting information to the Agency, to 
ensure that the EPA mailing address is properly identified. If 
necessary, EPA intends to amend these documents over the next 2 years.

[[Page 34375]]

B. What is the Agency's Authority for Taking This Action?

    EPA is issuing this document under its general rulemaking 
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.).
    In addition, section 553 of the Administrative Procedure Act (APA), 
5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds 
that notice and public procedure are impracticable, unnecessary or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this rule final without 
prior proposal and opportunity for comment. EPA has determined that 
these amendments are technical and non-substantive. Thus, notice and 
public procedure are unnecessary. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

III. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. This final rule implements technical amendments and corrections 
to 40 CFR chapter I and 48 CFR chapter 15 to reflect a change in the 
EPA Headquarter's official mailing address, and it does not otherwise 
impose or amend any requirements. As such, the Office of Management and 
Budget (OMB) has determined that a technical amendment and/or 
correction is not a ``significant regulatory action'' subject to review 
by OMB under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Nor does this rule contain any 
information collection requirements that require review and approval by 
OMB pursuant to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3501 et seq.).
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).
    This action will not result in environmental justice related issues 
and does not, therefore, require special consideration under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).
    Since the Agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the APA or any 
other statute (see Unit IV.), this action is not subject to provisions 
of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), or to 
sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Public Law 104-94). In addition, this action does not significantly or 
uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. This rule 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, as specified in Executive Order 13132, entitled 
Federalism (64 FR 43255, August 10, 1999). Similarly, this rule will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175, 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 6, 2000).
    This action does not involve any technical standards that require 
the Agency's consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).
    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the Executive order.
    This rule is not subject to Executive Order 13211, entitled Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001), because this action 
is not a significant regulatory action under Executive Order 12866.

IV. Will EPA Submit this Final Rule to Congress and the Comptroller 
General?

    Yes. The Congressional Review Act (CRA) (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. CRA 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 June 28, 
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 Chapter I and 48 CFR Chapter 15

    Environmental protection.

    Dated: June 22, 2001.
Christine Todd Whitman,
Administrator.


    Therefore, under the authority of Reorganization Plan No. 3 of 1970 
(5 U.S.C. app.), 40 CFR chapter I and 48 CFR chapter 15 are amended 
and/or corrected as follows:

40 CFR CHAPTER I--[AMENDED]

Technical Amendments

    1. By removing the phrase ``401 M Street SW.'' and adding in its 
place ``1200 Pennsylvania Ave., NW.'', except in 
Sec. Sec. 79.56(d)(5)(ii); 79.61(c)(3)(i)(B); 80.2 (w), (y), and (z); 
141.142(d); 435.11(f); 435.41 (h); and 62.12(b) the address is revised 
to read ``401 M St., SW.''.

    2. By removing the phrase ``401 M St. SW.'' and adding in its place 
``1200 Pennsylvania Ave., NW.''.

    3. By removing the phrase ``Washington, D.C. 20460'' and adding in 
its place ``Washington, DC 20460''.

[[Page 34376]]


    4. By removing the phrase ``Washington DC 20460'' and adding in its 
place ``Washington, DC 20460''.

    5. By removing the phrase ``401 M Street S.W.'' and adding in its 
place ``401 M St., SW.''.

    6. By removing the phrase ``401 M St. SW'' and adding in its place 
``401 M St., SW.''.

    7. By amending Sec. 2.213(a) to remove the phrase ``Freedom of 
Information Officer (A-101)'' and add in its place ``Headquarters 
Freedom of Information Operations (1105)''.

    8. By amending Sec. Sec. 10.2(c) and 14.7 to remove the phrase 
``(LE-132G)'' and add in their place ``(2311)''.

    9. By amending Sec. 23.12(a) to remove the phrase ``(LE-130)'' and 
add in its place ``(2311)''.

    10. By amending Sec. 67.11 (b)(3) to remove the phrase ``401 M 
Street'' and add in its place ``1200 Pennsylvania Ave.''.

    11. By amending Sec. 143.4(b) to remove the phrase ``1200 
Pennsylvania Ave., NW.'' in the paragraph at the end of the table 
preceding the footnotes and add in its place ``401 M St., SW.''.

    12. By amending Sec. 178.25(b)(1) to remove the phrase ``(A-110)'' 
and add ``(1900)'' in its place.

    13. By amending Sec. 238.30 (b) to remove the phrase ``1200 
Pennsylvania Ave., NW.'' and add in its place ``401 M St., SW.''.

    14. By amending Sec. 260.11(a)(11) to remove the phrase ``OSW 
Methods Team, 401 M St., SW.'' and add in its place ``OSW Methods Team, 
1200 Pennsylvania Ave., NW.''.

    15. By amending part 261, under Appendix IX, table 1, third column, 
item (5) ``Data Submittals'' for ``Bethlehem Steel Corporation'' as 
follows:

    a. By removing the phrase ``the Section Chief, Delisting Section''.

    b. By removing the phrase ``HWID/OSW (5304W)(5304), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460'' and adding in its place 
``Waste and Chemicals Management Division (Mail Code 3HW11), U.S. EPA 
Region III, 1650 Arch St., Philadelphia, PA 19103''.

    16. By amending part 261, under Appendix IX, table 2, third column, 
item (3) ``Data submittals'' for ``Bethlehem Steel Corp.,'' ``Steelton, 
PA.,'' to remove the phrase ``the Section Chief, Variances Section, 
PSPD/OSW, (OS-343)'' and add in its place ``PSPD/OSW (5303W)''.

    17. By amending part 430, Appendix A, sections 18.11 and 18.12 to 
remove the phrase ``401 M St. SW'' and add in its place ``401 M St., 
SW.''.

    18. By amending Sec. 761.205(a)(3) to remove the phrase ``401 M St. 
SW'' and add in its place ``1200 Pennsylvania Ave., NW.''.

Corrections

    In FR Doc. 00-18165, published in the Federal Register of August 2, 
2000 (65 FR 47323), make the following corrections:

    1. On page 47325, correct amendatory instruction number 7 by 
removing the phrase ``62.12(b) and''.

    2. On page 47325, in amendatory instruction number 8, make the 
following corrections:

    a. Remove the phrase ``52.1320 (b)(3),'' and add that same phrase 
in numerical order to the exceptions list in amendatory instruction 
number 10.

    b. Correct the phrase ``52.2220(b)(3)'' to read ``52.2220(b)(2)''.

    c. Remove the phrase ``86.095-35(h)(2)'' and add in its place 
``86.095-35(i)''.

    d. Remove the phrase ``86.1808-01(f)'' and add in its place 
``86.1807-01(f)''.

    e. Remove the phrases ``141.23 (footnotes 3, 4, 7, and 11),''; 
``141.40(n)(11),'' ; and ``141.143(d),'' .

    3. On page 47325, correct amendatory instruction number 9 by 
removing the phrase ``52.03(d)(1)'' and adding in its place 
``52.02(d)(1)''.

    4. On page 47325, correct amendatory instruction number 10 by 
removing the phrase ``52.1620(b)(3),'' and adding it in numerical order 
to the list of exceptions in amendatory instruction number 8.

    5. On page 47325, correct amendatory instruction number 27 to read:

    27. In Sec. 265.1080(f)(2)(viii)(H)(2), remove ``2129'' and add in 
its place ``1812.''

    6. On page 47325, remove amendatory instructions number 26 and 28. 
Renumber amendatory instruction 27 as number 26 and amendatory 
instructions 29 through 32 as amendatory instructions 27 through 30.

48 CFR CHAPTER 15--[AMENDED]

Technical Amendments

    1. By removing the phrase ``Washington, D.C. 20460'' and adding in 
its place ``Washington, DC 20460''.

    2. By removing the phrase ``Washington DC 20460'' and adding in its 
place ``Washington, DC 20460''.

Correction

    In FR Doc. 00-18165, published in the Federal Register of August 2, 
2000 (65 FR 47323), make the following correction on page 47325, in the 
third column, at the bottom of the page, in amendatory instruction 
number 2 under heading ``48 CFR Chapter 15--AMENDED,'' add a period 
after the last set of quotation marks.

[FR Doc. 01-16269 Filed 6-27-01; 8:45 am]
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