[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Pages 18526-18527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07083]



40 CFR Part 721

[EPA-HQ-OPPT-2012-0842; FRL-9382-2]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances; 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.


SUMMARY: EPA issued direct final significant new use rules (SNURS) in 
the Federal Register of December 20, 2012 for 9 chemical substances 
which were the subject of premanufacture notices (PMNs). For the 
chemical substance identified generically as aromatic sulfonic acid 
amino azo dye salts (PMN P-12-276) a typographical error has been 
identified. This document is being issued to correct the typographical 

DATES: This final rule is effective March 27, 2013.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2012-0842, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., 
Washington, DC. The 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 Public Reading Room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280. Please review the visitor 
instructions and additional information about the docket available at 

FOR FURTHER INFORMATION CONTACT: 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; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].


I. 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.

II. What does this technical amendment do?

    When promulgating the significant new uses for aromatic sulfonic 
acid amino azo dye salts, EPA inadvertently listed the respirator as 
M100 in the workplace protective equipment requirements for Sec.  
721.63. EPA did not intend to include this requirement when 
promulgating the significant new uses for aromatic sulfonic acid amino 
azo dye salts; the Agency intended the respirator to be designated as 
N100. This technical amendment corrects that workplace protective 
equipment requirement for Sec.  721.63.
    The preamble for FR Doc. 2012-30695 published in the Federal 
Register issue of December 20, 2012 (77 FR 75390) (FRL-9372-8) is 
corrected as follows:
    1. On page 75394, first column, line 16, correct M100 to read N100.

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, 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 amendment 
final without prior proposal and opportunity for comment, because 
notice and comment are unnecessary. The respirator designation of M100 
that is being removed was never intended to be included in the SNUR; 
M100 is a designation for a 3M Corporation series of respiratory face 
shield, not a respirator; the Agency intended it to be a National 
Institute for Occupational Safety and Health (NIOSH)-certified N100 
respirator. The PMN submitter who brought the error to EPA's attention 
is familiar with the issue, and EPA is not aware of and does not expect 
there to be persons who would be adversely affected by the change as 
there are no companies making plans based on the erroneous notice and 
no harm resulting from replacing the erroneous requirement for a M100 
respirator with that of a N100 respirator. 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 

    This technical amendment changes an erroneous respirator 
designation that was placed in Sec.  721.10633(a)(2)(i) when the final 
rule published in the Federal Register of December 20, 2012, 
promulgating significant new uses of aromatic sulfonic acid amino azo 
dye salts. The December 20, 2012 final rule addresses these 
requirements for that action (see Unit IX. of the preamble to that 
action). This technical amendment does not otherwise amend or impose 
any other requirements.
    As such, this technical amendment is not a ``significant regulatory 
action'' subject to review by the Office of Management and Budget (OMB) 
under Executive Order 12866, entitled Regulatory Planning and Review 
(58 FR 51735, October 4, 1993), nor does this technical amendment 
contain any information collections subject to OMB approval under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    Because the Agency has made a ``good cause'' finding that this 
technical amendment is not subject to notice and comment requirements 
under the APA or any other statute (see Unit III. of this document), it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), or to sections 

[[Page 18527]]

and 205 of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531 et 
seq.). Nor does this technical amendment significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA.
    This technical amendment will not have substantial direct effects 
on the 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 will 
this technical amendment have any ``tribal implications '' as described 
in Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 9, 2000).
    This technical amendment does not require any special 
considerations, OMB review, or any Agency action under Executive Order 
13045, entitled Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, April 23, 1997). Nor will this technical 
amendment have any affect on energy supply, distribution or use as 
described in Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001).
    This technical amendment does not involve any technical standards 
that would require Agency consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act (NTTAA) (15 U.S.C. 272 note). The technical 
amendment also does not involve special consideration of environmental 
justice related issues under Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (55 FR 7629, February 16, 1994).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
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 721

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

    Dated: March 20, 2013.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
    Therefore, 40 CFR part 721 is corrected as follows:


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

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

2. In Sec.  721.10633, revise paragraph (a)(2)(i) to read as follows:

Sec.  [emsp14]721.10633  Aromatic sulfonic acid amino azo dye salts 

    (a) * * *
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.  
721.63(a)(4) (National Institute for Occupational Safety and Health 
(NIOSH)-certified N100 respirator with an assigned protection factor of 
at least 10), (a)(6), (b) (concentration set at 0.1 percent), and (c).
* * * * *
[FR Doc. 2013-07083 Filed 3-26-13; 8:45 am]