[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Rules and Regulations]
[Pages 41925-41927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18000]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7528-4]
RIN 2060-AH67


Protection of Stratospheric Ozone: Allowance System for 
Controlling HCFC Production, Import and Export

AGENCY: Environmental Protection Agency.

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency published in the Federal 
Register of January 21, 2003, a document establishing an allowance 
system to control the U.S. consumption and production of ozone-
depleting substances known as hydrochlorofluorocarbons (HCFCs). This 
document corrects references inadvertently retained in that document.

EFFECTIVE DATE: July 16, 2003.

FOR FURTHER INFORMATION CONTACT: Vera Au, 202-564-2216; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action 
include:

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                     Category                         NAICS                    Regulated entities
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Industrial gas manufacturing.....................       325120  Chlorofluorocarbon gases manufacturing.
Industrial gases merchant wholesalers............      424690,  Other Chemical and Allied Products Merchant
                                                        422690   Wholesalers.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in this table could also be regulated. To determine whether 
your facility, company, business organization, etc. is regulated by 
this action, you should examine the applicability criteria in Sec.  
82.1(b) of 40 CFR part 82. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. Materials relevant to this action are contained in 
Docket No. A-98-33 at the Air and Radiation Docket at EPA West, Room B-
108, 1301 Constitution Avenue, NW., Washington, DC 20004. The Docket 
Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the reading room is 
(202) 566-1742. Although a part of the official docket, the public 
docket does not include Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. An electronic version of the 
public docket is also available through EPA's new electronic public 
docket, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/rpas/ to access the index listing of the contents of the official 
public docket for this action, as well as access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket identification number that 
EPA has established for this action. Certain types of information will 
not be placed in the EPA Docket. Information claimed as CBI, and other 
information whose disclosure is restricted by statute which is not 
included in the official public docket, will not be available for 
public viewing

[[Page 41926]]

in EPA's electronic public docket either. The EPA's policy is that 
copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. To the extent feasible, publicly available 
supporting materials for this action will be made available in EPA's 
electronic public docket. When a document is selected from the index 
list in the EPA Docket, the system will identify whether the document 
is available for viewing in EPA's electronic public docket. Although 
not all docket materials may be available electronically, you may still 
access any of the publicly available docket materials through the 
Docket Center identified in this notice. The EPA intends to work toward 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.

II. What Does This Correction Do?

    The EPA published a document in the Federal Register of January 21, 
2003, (68 FR 2820), in which references to paragraph (t) were 
inadvertently retained in Sec.  82.4. This correction amends the 
references from paragraph (t) to paragraph (n).
    The corrections will become effective immediately (without further 
rulemaking action) on July 16, 2003.

III. Why Is This Correction Issued as a Final Rule?

    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. We have determined that 
there is good cause for making today's action final without prior 
proposal and opportunity for comment because the changes to the rule 
are minor technical corrections and do not change the requirements of 
the rule. Thus, notice and public procedure are unnecessary. We find 
that this constitutes good cause under 5 U.S.C. 553(b)(B) (see also the 
final sentence of section 307(d)(1) of the Clean Air Act, 42 U.S.C. 
7607(d)(1), indicating that the good cause provisions of the APA 
continue to apply to this type of rulemaking under the Clean Air Act).
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because today's changes do not 
change the requirements of the rule, we find good cause to make these 
technical corrections effective immediately.

IV. Do Any of the Executive Order and Statutory Reviews Apply to This 
Correction?

    This final rule implements a technical correction to the Code of 
Federal Regulations, and it does not otherwise impose or amend any 
requirements.
    1. Executive Order 12630. The EPA has complied with Executive Order 
12630, Governmental Actions and Interference With Constitutionally 
Protected Property Rights (Takings) (53 FR 8859, March 15, 1988) by 
examining the takings implications of this technical correction in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order.
    2. Executive Order 12866. Under Executive Order 12866, Regulatory 
Planning and Review (58 FR 51735, October 4, 1993), this technical 
correction is not a ``'significant regulatory action''' and is 
therefore not subject to review by the Office of Management and 
Budget(OMB). This action is not a ``'major rule''' as defined by 5 
U.S.C. 804(2).
    3. Executive Order 12898. This technical correction does not 
involve special consideration of environmental justice-related issues 
as required by Executive Order 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994).
    4. Executive Order 12988. In issuing this technical correction, 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, Civil Justice Reform (61 FR 4729, February 7, 1996).
    5. Executive Order 13045. This technical correction is not subject 
to Executive Order 13045, Protection of Children from Environmental 
Health and Safety Risks (62 FR 19885, April 23, 1997) because it is not 
economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children.
    6. Executive Order 13132. This technical 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, Federalism (64 FR 43255, August 10, 1999).
    7. Executive Order 13175. This technical correction does not 
significantly or uniquely affect the communities of tribal governments, 
as specified by Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments (65 FR 67249, November 6, 2000).
    8. Executive Order 13211. This technical correction is not subject 
to Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.
    9. Paperwork Reduction Act. This technical 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.).
    10. National Technology Transfer and Advancement Act. This 
technical correction action does not involve changes to technical 
standards. Thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply.
    11. Regulatory Flexibility Act. Because EPA has made a ``'good 
cause''' finding that this action is not subject to notice and comment 
requirements under the APA 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.).
    12. Unfunded Mandates Reform Act. This technical correction 
contains no Federal mandates (under the regulatory provisions of Title 
II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. L. 104-4), 
for State, local, or tribal governments or the private sector because 
the correction imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Thus the correction is not 
subject to the requirements of sections 202 and 205 of the UMRA. 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 the UMRA.
    13. Congressional Review Act. 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. Section 
808 allows the issuing agency to make a rule effective sooner than 
otherwise

[[Page 41927]]

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 July 16, 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 rule in the Federal Register.
    The EPA's compliance with these Executive Orders and statutes fo 
the underlying rule is discussed in the January 21, 2003, Federal 
Register notice containing the Allowance System for Controlling HCFC 
Production, Import and Export final rule (68 FR 2820).

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, Exports, 
Hydrochlorofluorocarbons, Imports, Reporting and recordkeeping 
requirements.

    Dated: July 7, 2003.
Jeffrey R. Holmstead,
Assistant Administrator for the Office of Air and Radiation.

0
For the reasons stated in the preamble, 40 CFR part 82 is amended as 
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

0
2. In Sec.  82.4 paragraph (n) introductory text is amended by revising 
the reference ``(t)(2) and (t)(3)'' to read ``(n)(2) and (n)(3)'' and 
revising the reference ``(t)(1)(i) through (iii)'' to read ``(n)(1)(i) 
through (iii).''

0
3. In Sec.  82.4(n)(4), revise the reference ``(t)(3)'' to read 
``(n)(3)'' and the reference ``(t)(1)'' to read ``(n)(1).''

[FR Doc. 03-18000 Filed 7-15-03; 8:45 am]
BILLING CODE 6560-50-P