[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12874-12875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6722]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7160-3]


Protection of Stratospheric Ozone: Removal of Restrictions on 
Certain Fire Suppression Substitutes for Ozone-Depleting Substances; 
and Listing of Substitutes; Correction

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule, correction.

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

SUMMARY: The Environmental Protection Agency published in the Federal 
Register of January 29, 2002, a direct final rule related to the 
Significant New Alternatives Policy (SNAP) program. A couple of 
typographical errors in chemical formulas were made inadvertently. This 
document identifies and corrects these errors.

DATES: These corrections are effective on April 1, 2002.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at 
(202) 564-9163, by fax at (202) 565-2141, by e-mail at 
[email protected], or by mail at U.S. Environmental Protection 
Agency, Mail Code 6205J, Washington, DC 20460. Overnight or courier 
deliveries should be sent to the office location at 501 3rd Street, 
NW.,

[[Page 12875]]

Washington, DC, 20001. Further information can be found by calling the 
Stratospheric Protection Hotline at (800) 296-1996, or by viewing EPA's 
Ozone Depletion World Wide Web site at www.epa.gov/ozone/title6/snap/.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency 
published in the Federal Register of January 29, 2002 (66 FR 4185), a 
Direct Final Rule related to the Significant New Alternatives Policy 
(SNAP). In FR Doc. 02-1495, published on January 29, 2002, a couple of 
typographical errors to chemical formulas were made inadvertently. This 
document identifies and corrects these errors.
    In FR Doc. 02-1495, published on January 29, 2002 (66 FR 4185), 
make the following corrections:
    1. On page 4191 in the last paragraph of the third column, correct 
the formula ``C4H10'' to read 
``C4F10.''
    2. On page 4200 in the third column, amendatory instruction 3a. is 
corrected to read as follows:
    a. Revising the table entitled ``Fire Suppression and Explosion 
Protection--Acceptable Subjects to Use Conditions: Total Flooding 
Agents'' by removing the entries ``C3F8'', 
``CF3I'' and ``Gelled Halocarbon/Dry Chemical Suspension''.

Administrative Requirements

    Section 553 of the Administrative Procedure Act, 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. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
correction is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget (OMB). 
Because the EPA has made a ``good cause'' finding that this correction 
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.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition, 
this correction does not significantly or uniquely affect small 
governments or impose a significant intergovernmental mandate, as 
described in sections 203 and 204 of the UMRA. This correction also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 6, 2000). This correction does not have substantial direct 
effects on the States, or on the relationship between the national 
government and the States, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999). This correction also is not subject to 
Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not 
economically significant. This rule is not a ``significant energy 
action'' as defined in Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy.
    This correction does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) do not apply. This 
correction also does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). This correction does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance 
with these statutes and Executive Orders for the underlying rule is 
discussed in the rule for the Removal of Restrictions on Certain Fire 
Suppression Substitutes for Ozone-Depleting Substances; and Listing of 
Substitutes.
    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 
Congressional Review Act 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, the EPA has made 
such a good cause finding, including the reasons therefor, and 
established an effective date of April 1, 2002. The 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 correction in the 
Federal Register. This correction is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: February 25, 2002.
Drusilla Hufford,
Director, Global Programs Division.
[FR Doc. 02-6722 Filed 3-19-02; 8:45 am]
BILLING CODE 6560-50-P