[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Rules and Regulations]
[Pages 75472-75473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27663]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-7849-9]


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 
Effluent Limitations Guidelines and New Source Performance Standards 
for the Concentrated Aquatic Animal Production Point Source Category; 
Final Rule.

DATES: Effective Date: This final rule is effective December 17, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Marta Jordan at (202) 566-1049.

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 
Effluent Limitations Guidelines and New Source Performance Standards 
for the Concentrated Aquatic Animal Production Point Source Category; 
Final Rule, which appeared in the Federal Register on August 23, 2004 
(69 FR 51892). The affected regulations are codified at 40 CFR part 
451. 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

[[Page 75473]]

amend this table without prior notice and comment.

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 
(Public Law 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. EPA's compliance with these statutes and 
Executive Orders for the underlying rule is discussed in the August 23, 
2004, Federal Register notice.

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 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 December 17, 
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: December 4, 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 adding the heading and entry 
below in numerical order to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

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                                                                 OMB
                      40 CFR citation                        Control No.
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                               * * * * *
      Concentrated Aquatic Animal Production Point Source Category
 
     451.3.................................................    2040-0258
451.11(d)..................................................    2040-0258
451.21(g)..................................................    2040-0258
 
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[FR Doc. 04-27663 Filed 12-16-04; 8:45 am]
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