[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Pages 68750-68751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 707

[EPA-HQ-OPPT-2005-0058; FRL-8104-9]
RIN 2070-AJ01


Export Notification; Change to Reporting Requirements; Technical 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of November 
14, 2006, concerning amendments to the Toxic Substances Control Act 
(TSCA) section 12(b) export notification regulations at subpart D of 40 
CFR part 707. This document is being issued to correct a typographical 
error.

DATES: This technical correction is effective January 16, 2007. In 
accordance with 40 CFR 23.5, this rule shall be promulgated for 
purposes of judicial review at 1 p.m. eastern daylight/standard time on 
December 12, 2006.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2005-0058. All documents in the 
docket are listed on the regulations.gov website at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly

[[Page 68751]]

available only in hard copy form. The EPA Docket Center (EPA/DC) 
suffered structural damage due to flooding in June 2006. Although the 
EPA/DC is continuing operations, there will be temporary changes to the 
EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was 
temporarily closed due to flooding, has been relocated in the EPA 
Headquarters Library, Infoterra Room (Room Number 3334) in EPA West, 
located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the EPA/DC 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OPPT Docket is (202) 566-0280. EPA visitors are required to show 
photographic identification and sign the EPA visitor log. Visitors to 
the EPA/DC Public Reading Room will be provided with an EPA/DC badge 
that must be visible at all times while in the EPA Building and 
returned to the guard upon departure. In addition, security personnel 
will escort visitors to and from the new EPA/DC Public Reading Room 
location. Up-to-date information about the EPA/DC is on the EPA Web 
site at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9232; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using regulations.gov, you may access this Federal 
Register document electronically through the EPA Internet under the 
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does this Correction Do?

    This correction restores to the first sentence of the introductory 
text at 40 CFR 707.60(c)(2) the phrase ``where such chemical substance 
or mixture is present in a concentration of less than 0.1% (by weight 
or volume).'' The corrected first sentence of Sec. 707.60(c)(2) will 
now read: ``No notice of export is required for the export of a 
chemical substance or mixture that is a known or potential human 
carcinogen where such chemical substance or mixture is present in a 
concentration of less than 0.1% (by weight or volume).'' Without the 
correction to 40 CFR 707.60(c)(2), the rule does not have the effect, 
as clearly stated in the proposed rule and elsewhere in the preamble to 
the final rule, of establishing a de minimis level for reporting of 
carcinogens under TSCA section 12(b).

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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
for the reasons mentioned in Unit II. The missing phrase in the 
regulatory text of the final rule at 40 CFR 707.60(c)(2) appears in the 
regulatory text of the proposed rule as well as throughout the preamble 
of the final rule, such that the intent to include it in the regulatory 
text of the final rule is clear. The phrase was inadvertently left out 
of the regulatory text of the final rule during Agency editing and 
preparation of the final rule. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this 
Action?

    No. This document is a technical correction to a recently issued 
final rule and does not impose any new requirements. EPA's compliance 
with the statutes and Executive orders for the underlying final rule is 
discussed in Unit VII. of the final rule that was issued on November 
14, 2006 (71 FR 66234, at 66243).

V. Will EPA Submit this Final Rule to Congress and the Comptroller 
General?

    Yes. The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.) 
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. As with the final rule, since this 
technical correction is considered a rule under the CRA, EPA will 
submit a rule report 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 707

    Environmental protection, Chemicals, Exports, Hazardous substances, 
Imports, Reporting and recordkeeping requirements.


    Dated: November 20, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
    Under EPA's authority, 15 U.S.C. 2611(b) and 2612, FR Doc. E6-19182 
published in the Federal Register of November 14, 2006 (71 FR 66234) 
(FRL-8101-3) is corrected as follows:


Sec.  8707.60  [Corrected]

0
On page 66244, in the second column, in Sec.  707.60 Applicability and 
compliance, the first sentence of the introductory text of paragraph 
(c)(2) is corrected to read as follows:
    ``No notice of export is required for the export of a chemical 
substance or mixture that is a known or potential human carcinogen 
where such chemical substance or mixture is present in a concentration 
of less than 0.1% (by weight or volume).''
[FR Doc. E6-20148 Filed 11-27-06; 8:45 am]
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