[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Rules and Regulations]
[Pages 51570-51571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19137]



[[Page 51570]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-7803-6]


OMB Approvals Under the Paperwork Reduction Act; Final Rule

AGENCY: Environmental Protection Agency.

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 
the Public Water System Supervision Program (PWSS) ICR, OMB Control No. 
2040-0090; the Microbial Rules ICR, OMB Control No. 2040-0205; and the 
Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides 
(DBP/Chem/Rads) s ICR, OMB Control No 2040-0204. The restructuring by 
the Environmental Protection Agency's Office of Ground Water and 
Drinking Water of its existing drinking water program Information 
Collection Requests (ICR) has resulted in the consolidation of rules 
and activities into three main drinking water program ICRs.

DATES: This amendment is effective August 20, 2004.

FOR FURTHER INFORMATION CONTACT: Richard Naylor at 202-564-3847.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (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 which have been moved due to the restructure and 
consolidation of the Office of Ground Water and Drinking Water ICRs. An 
announcement that the PWSS ICR, OMB Control No. 2040-0090; the 
Microbial ICR, OMB Control No. 2040-0205; and the DBP/Chem/Rads ICR, 
OMB Control No. 2040-0204 had been forwarded to the Office of 
Management and Budget (OMB) for review and approval appeared in the 
Federal Register on October 5, 2001 (66 FR 51031-51035). In addition, 
EPA is adding entries for the Public Notification rule and for previous 
omissions that have not been included in the Part 9 table. The affected 
regulations are codified at 40 CFR parts 141 and 142. 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 Code 
of Federal Regulations (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.
    These ICRs were previously subject to public notice and comment 
prior to OMB approval. Because the ICRs have already been subject to 
public notice and comment and because of the ministerial 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 (APA), 5 U.S.C. 553(b)(B), to amend 
this table without prior notice and comment. For the same reasons, EPA 
believes that there is ``good cause'' to make this rule effective upon 
publication under section 553(d)(3) of the APA.

I. 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 
(Pub. L. 104-4). This rule also does not require prior consultation 
with State, local, and Tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) 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.
    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 20, 
2004. EPA has submitted reports containing these rules 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: August 13, 2004.
Michael Shapiro,
Acting Assistant Administrator, Office of Water.

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. Amend the Table in Sec.  9.1 as follows:
0
a. Under the heading ``National Primary Drinking Water Regulations'' 
remove entries ``141.80-141.91'' and ``141.153-141.154'' and add in 
numerical order entries ``141.31(d)'', ``141.80-141.91'' and ``141.153-
141.154''.
0
b. Under the heading ``National Primary Drinking Water Regulations

[[Page 51571]]

Implementation'' add in numerical order entries ``142.14(e)-(g)'' and 
``142.16(a)''.


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

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          40 CFR citation                      OMB control No.
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                              * * * * * * *
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               National Primary Drinking Water Regulations
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                              * * * * * * *
141.31(d)..........................               2040-0090
 
                              * * * * * * *
141.80-141.91......................               2040-0204
 
                              * * * * * * *
141.153-141.154....................               2040-0090
 
                              * * * * * * *
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       National Primary Drinking Water Regulations Implementation
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                              * * * * * * *
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142.14(e)-(g)......................               2040-0090
 
                              * * * * * * *
142.16(a)..........................               2040-0090
 
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[FR Doc. 04-19137 Filed 8-19-04; 8:45 am]
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