[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Rules and Regulations]
[Pages 57424-57425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26824]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2008-0251; FRL-8438-5]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: In the Federal Register of November 5, 2008 (73 FR 65743) 
(FRL-8371-3), EPA issued direct final significant new use rules (SNURs) 
for 56 chemical substances which were the subject of premanufacture 
notices (PMNs). For the chemical substance identified as Oxetane, 3,3'-
[oxybis(methylene)] bis[3-ethyl- (PMN P-03-471; CAS No. 18934-00-4), 
the citation at Sec.  721.10095(a)(2)(ii) incorrectly identified one of 
the hazard communication program requirements. This action corrects the 
final regulation.

DATES: This final rule is effective November 6, 2009.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2008-0251. All documents in the 
docket are listed in the docket index available 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 available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation 
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number of the EPA/DC Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

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: Abeer Hashem, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-1117; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    The Agency included in the direct 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.

II. What Does this Technical Amendment Do?

    In the Federal Register of November 5, 2008 (73 FR 65743), EPA 
issued a direct final SNUR for the chemical substance identified as 
Oxetane, 3,3'-[oxybis(methylene)] bis[3-ethyl- (PMN P-03-471; CAS No. 
18934-00-4) in accordance with the procedures at Sec.  
721.160(c)(3)(i). For this substance, the citation at Sec.  
721.10095(a)(2)(ii) incorrectly identified one of the hazard 
communication program requirements. This technical amendment corrects 
the hazard communication requirement under Sec.  721.72 from (g)(1)(v) 
to (g)(1)(vi).

III. Why is this Technical Amendment Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable,

[[Page 57425]]

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 today's 
technical amendment final without prior proposal and opportunity for 
comment, because this rule does not impose any new requirements. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

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

    This rule does not impose any new requirements. As such, the Agency 
has determined that this rule will not have any adverse impacts, 
economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types 
of regulatory actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
rule does not contain any information collections subject to approval 
under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et seq.). The 
Agency certifies pursuant to section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). This rule has neither Federalism implications, because it will 
not have substantial direct effects on States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999)., nor tribal implications, because it will not 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175, 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this is not an economically 
significant regulatory action as defined under Executive Order 12866, 
and it does not address environmental health or safety risks 
disproportionately affecting children. It is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
because this action is not expected to affect energy supply, 
distribution, or use. Because this action does not involve any 
technical standards, section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113 section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues as required by Executive Order 12898, entitled Federal Actions 
to Address Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994).

V. Congressional Review Act

    The Congressional Review Act, 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 to each House of the Congress and to 
the Comptroller General of the United States. 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 this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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


    Dated: October 26, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


0
2. In Sec.  721.10095, by amending paragraph (a)(2)(ii) to read as 
follows:


Sec.  721.10095  Oxetane, 3.3'-[oxybis(methylene)] bis[3-ethyl-.

    (a) * * *
    (2) * * *
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72 (a), (b), (c), (d), (e), (f), (g)(1)(iv), (g)(1)(vi), and 
(g)(2)(v).
* * * * *

[FR Doc. E9-26824 Filed 11-5-09; 8:45 am]
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