[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42122-42123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20127]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-7028-2]


OMB Approvals Under the Paperwork Reduction Act; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

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 number issued under the PRA for 
EPA's Confidentiality Rules.
    In addition, this technical amendment amends the table that lists 
the OMB control number issued under the PRA for the rule entitled 
Imports and Exports of Hazardous Wastes: Implementation of OECD Council 
Decision C(92)39 Concerning Control of Transfrontier Movements of 
Wastes Destined for Recovery Operations.

EFFECTIVE DATE: This rule is effective August 10, 2001.

FOR FURTHER INFORMATION CONTACT: Rebecca Moser, Office of Environmental 
Information, phone 202-260-6780, concerning EPA's Confidentiality 
Rules; or James Michael, Office of Solid Waste and Emergency Response, 
phone 703-308-8610, concerning Imports and Exports of Hazardous Wastes.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. This amendment updates the table to list 
those information collection requirements promulgated under EPA's 
Confidentiality Rules, which appeared in the Federal Register at 41 FR 
36902 on September 1, 1976, as amended at 43 FR 40000, September 8, 
1978, and 50 FR 51661, December 18, 1985. The affected regulations are 
codified at 40 CFR part 2, subpart B.
    This amendment also updates the table to list those information 
collection requirements promulgated under Imports and Exports of 
Hazardous Wastes: Implementation of OECD Council Decision C(92)39 
Concerning Control of Transfrontier Movements of Wastes Destined for 
Recovery Operations, which appeared in the Federal Register at 61 FR 
16310 on April 12, 1996. The affected regulations are codified at 40 
CFR 262.83-262.85 and 40 CFR 262.87.
    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.
    These ICRs were 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.

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 13132 (64 FR 43255, October 10, 1999) 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 therefor, and established an effective date of August 10, 2001. 
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: July 24, 2001.
Oscar Morales,
Director, Collection Strategies Division, Office of Information 
Collection.

    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:
    a. By revising the entry ``Part 2, Subpart B''.
    b. By adding new entries in numerical order under the indicated 
heading for ``262.83-262.85'' and ``262.87''.
    The revision and additions read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

[[Page 42123]]



------------------------------------------------------------------------
                                                             OMB Control
                      40 CFR citation                            No.
------------------------------------------------------------------------
Public Information
Part 2, subpart B..........................................    2020-0003
 
                      *        *        *        *
Standards Applicable to Generators of Hazardous Waste
 
                      *        *        *        *
262.83-262.85..............................................    2050-0143
262.87.....................................................    2050-0143
 
                      *        *        *        *
------------------------------------------------------------------------

* * * * *
[FR Doc. 01-20127 Filed 8-9-01; 8:45 am]
BILLING CODE 6560-50-P