[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Rules and Regulations]
[Pages 19105-19106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8228]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-7645-6]


OMB Approvals Under the Paperwork Reduction Act; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 numbers issued under the PRA for 
EmergencyPlanning and Notification.

EFFECTIVE DATE: This final rule is effective April 12, 2004.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, (202) 564-8019.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. The amendment updates the table to list 
those information collection requirements promulgated under the 
Emergency Planning and Notification, which appeared in the Federal 
Register on April 22, 1987 (52 FR 13378). The affected regulations are 
codified at 40 CFR part 355. The OMB Control Number currently listed 
for this ICR in 40 CFR part 9 is incorrect (2050-0046). The correct OMB 
Control Number is 2050-0092. 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, and in each CFR volume containing EPA 
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.
    This ICR was 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.

I. Statutory and Executive Order Review

    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, August 10, 1999) or Executive Order 
13175 (65 FR 67249, November 9, 2000), 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

[[Page 19106]]

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 April 12, 2004. 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 Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: April 1, 2004.
Oscar Morales,
Director, Collection Strategies Division, Office of Information 
Collection.

0
For the reasons set out in the preamble, 40 CFR part 9 is amended as 
follows:

PART 9--[AMENDED]

0
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.

0
2. In Sec.  9.1 the table is amended by revising the OMB Control Number 
listed under the title Emergency Planning and Notification (part 355) 
to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

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                                                            OMB control
                     40 CFR citation                            No.
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                                * * * * *
Emergency planning and notification
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Part 355, appendix A, appendix B........................       2050-0092
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[FR Doc. 04-8228 Filed 4-9-04; 8:45 am]
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