[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Rules and Regulations]
[Pages 16729-16730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8365]



[[Page 16729]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7477-7]
RIN 2060-AG12


Protection of Stratospheric Ozone: Listing of Substitutes for 
Ozone-Depleting Substances; Correction

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; correction.

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SUMMARY: The Environmental Protection Agency published in the Federal 
Register of January 27, 2003, a direct final rule related to the 
Significant New Alternatives Policy (SNAP) program. Additional, new 
information was recently made available to EPA related to the 
calculation of the environmental impact of a fire suppression 
substitute that was listed as an acceptable substitute in the direct 
final rule. Based on this new information, EPA is correcting the 
atmospheric lifetime and global warming potential (GWP) listed for the 
substitute fire suppression agent. This correction does not change 
EPA's finding of acceptability, as set forth in the rule, for use of 
the substitute in fire protection. This document identifies and makes 
the above correction.

DATES: This correction is effective on April 7, 2003.

ADDRESSES: Information relevant to this correction is contained in Air 
Docket A-2002-08, 1301 Constitution Avenue, NW.; U.S. Environmental 
Protection Agency, Mail Code 6102T; Washington, DC, 20460. The docket 
reading room is located at the address above in room B102 in the 
basement. Reading room telephone: (202) 566-1744, facsimile: (202) 566-
1749; Air docket staff telephone: (202) 566-1742, facsimile: (202) 566-
1741. You may inspect the docket between 8:30 a.m. and 4:30 p.m. 
weekdays. As provided in 40 CFR part 2, a reasonable fee may be charged 
for photocopying.

FOR FURTHER INFORMATION CONTACT: Bella Maranion by telephone at (202) 
564-9479, by fax at (202) 565-2155, 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, 
N.W., Washington, D.C., 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 http://www.epa.gov/ozone/title6/snap/.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency 
published in the Federal Register of January 27, 2003, a direct final 
rule (68 FR 4004) related to the Significant New Alternatives Policy 
(SNAP) program. After publication of FR Doc. 03-1623 on January 27, 
2003, additional, new information was recently made available to EPA 
and provided updated information related to the calculation of the 
environmental impact of a fire suppression substitute that was listed 
as an acceptable substitute in the direct final rule. Based on this new 
information, EPA is correcting the atmospheric lifetime and global 
warming potential (GWP) listed for C6-perfluoroketone, a substitute 
fire suppression agent. EPA's evaluation of this new information is 
available in EPA air docket A-2002-08 at the address described above 
under ADDRESSES. This correction does not change EPA's finding of 
acceptability, subject to use conditions, of this substitute for use in 
fire protection.
    In FR Doc.03-1623, published on January 27, 2003 (68 FR 4004), 
under ``Supplementary Information'', section II, `` Listing of 
Substitutes'', make the following corrections:
    1. On page 4006 in the second full paragraph of the third column, 
correct the fourth sentence to read, ``C6-perfluoroketone has no ozone-
depletion potential, a global warming potential of between four and 
seven compared to CO2 on a 100-year time horizon, and an 
atmospheric lifetime of up to two weeks.''
    2. On page 4006 in the third full paragraph of the third column, 
correct the second sentence to read ``With no ozone-depletion 
potential, a global warming potential of between four and seven, and an 
atmospheric lifetime of up to two weeks, C6-perfluoroketone provides an 
improvement over use of halon 1211, hydrochlorofluorocarbons (HCFCs), 
and hydrofluorocarbons (HFCs) in fire protection.''

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 Listing of Substitutes for Ozone-
Depleting Substances; Final Rule and Proposed Rule.
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement

[[Page 16730]]

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 
therefore, and established an effective date of April 7, 2003. 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: March 25, 2003.
Drusilla Hufford,
Director, Global Programs Division.
[FR Doc. 03-8365 Filed 4-4-03; 8:45 am]
BILLING CODE 6560-50-P