[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19490-19492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07797]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 9
[EPA-HQ-OPPT-2014-0486; FRL-9943-62]
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 updates the table that lists the Office of
Management and Budget (OMB) control numbers issued under PRA for
information collection requirements contained in EPA's regulations that
are promulgated in title 40 of the Code of Federal Regulations (CFR).
This technical amendment adds new approvals published in the Federal
Register since January 8, 2016, and removes expired and terminated
approvals.
DATES: This final rule is effective April 5, 2016.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0486, 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), West William Jefferson Clinton 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 http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Angela Hofmann, Regulatory
Coordination Staff (7101M), Office of Chemical Safety and Pollution
Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001; telephone number: (202) 564-0258; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 19491]]
I. Does this action apply to me?
This action is directed to the public in general. This action may,
however, be of interest to those persons who are concerned about OMB
approval for information collections required by EPA regulations. Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
II. Background
A. Why is this technical amendment being issued?
This document updates the OMB control numbers listed in 40 CFR part
9 for various regulations promulgated under the Toxic Substances
Control Act (TSCA) (15 U.S.C. 2601), the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136), and the Federal
Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 408). Under PRA (44
U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a
person is not required to respond to an information collection request
unless it displays a currently valid OMB control number. The OMB
control numbers for EPA's regulations are codified in title 40 of the
CFR, after appearing in the preamble of the final rule. These numbers
are listed in 40 CFR part 9, displayed in a subsequent publication in
the Federal Register, or displayed by other appropriate means, such as
on a related collection instrument or form, or as part of the
instructions to respondents. The display of OMB control numbers in
certain EPA regulations is consolidated in 40 CFR part 9. In addition
to displaying the applicable OMB control number in the final rule and
on the applicable collection instruments, the Office of Chemical Safety
and Pollution Prevention (OCSPP) has also typically listed the OMB
control number in the table at 40 CFR 9.1 for regulations it has issued
under TSCA, FIFRA, and FFDCA. With this technical amendment, OCSPP is
updating the table in 40 CFR 9.1 to list the new OMB control number
that replaces the two OMB control numbers that have been consolidated
under the new OMB control number.
B. Why is this technical amendment issued as a final rule?
The information collection activities referenced in this document
were previously subject to public notice and comment as part of the
rulemaking process, and this action does not in any way affect the
referenced information collection activities or rulemakings. This
action only amends the table at 40 CFR 9.1 to update the list of OMB
control numbers listed there. Due to the technical nature of the table,
EPA finds that further notice and comment about amending the table is
unnecessary. As a result, EPA finds that there is ``good cause'' under
section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 553(b)(3)(B)), to amend this table without further notice and
comment.
C. What specific changes are being made?
On January 8, 2016, OMB approved the consolidation of three
existing, approved OMB control numbers into a single, new OMB control
number. Specifically, OMB control numbers 2070-0155, 2070-0158, and
2070-0181 were consolidated into a single information collection
approved under OMB control number 2070-0195. This consolidated OMB
control number covers the information collection activities imposed on
entities conducting lead-based paint related activities. The previous
OMB control numbers for these information collection activities will be
discontinued.
III. Statutory and Executive Order Reviews
This action implements technical amendments to 40 CFR part 9 to
reflect changes to OMB approvals under PRA. It does not otherwise
impose or amend any requirements. As such, this action does not require
review by OMB under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993), the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), or Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997). Nor does it 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 (UMRA) (2 U.S.C. 1501 et seq.).
This action will not have substantial direct effects on State or
tribal governments, on the relationship between the Federal Government
and States or Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and States or Indian
tribes. As such, it will not have any ``federalism implications'' as
described by Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) or ``tribal implications'' as described by
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does
it 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 (15
U.S.C. 272 note), environmental justice-related issues that would
require consideration under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994), or otherwise
involve anything that would have any adverse effect on the supply,
distribution, or use of energy that would require consideration under
Executive Order 13211, entitled ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
In addition, since this action is not subject to notice-and-comment
requirements under the APA 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.).
IV. 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 9
Environmental protection, Reporting and recordkeeping requirements.
Dated: March 29, 2016.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
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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.,
[[Page 19492]]
6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.
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2. In Sec. [emsp14]9.1, the table is amended by revising the
undesignated center heading ``Lead-Based Paint Poisioning Prevention in
Certain Residential Structures'' to read ``Lead-Based Paint Poisoning
Prevention in Certain Residential Structures'' and revising the
following entries underneath it:
0
a. Part 745, subpart E;
0
b. Part 745, subpart L; and
0
c. Part 745, subpart Q.
The revisions read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
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40 CFR citation OMB control No.
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Lead-Based Paint Poisoning Prevention in Certain Residential Structures
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Part 745, subpart E....................... 2070-0195
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Part 745, subpart L....................... 2070-0195
Part 745, subpart Q....................... 2070-0195
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[FR Doc. 2016-07797 Filed 4-4-16; 8:45 am]
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