[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

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.,

[[Page 19492]]

6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

0
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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