[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24408-24409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0108; FRL-9344-7]
RIN 2070-AB27


Modification of Significant New Uses of Tris Carbamoyl Triazine; 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment implements a technical correction 
that published in the Federal Register of March 7, 2012. Specifically, 
the correction involves the removal of a cross-reference that was 
erroneously included in a final rule that published in the Federal 
Register of February 8, 2012.

DATES: This final rule is effective April 24, 2012.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPPT-2011-0108, is available online 
at http://www.regulations.gov and 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. For information or additional 
instructions about the docket or visiting the EPA/DC, please go to 
http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Tracey Klosterman, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-2209; email address: klosterman.tracey@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

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. 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?

    This technical amendment implements a technical correction that 
published in the Federal Register of March 7, 2012 (77 FR 13506) (FRL-
9339-8), which removes a cross-reference erroneously placed in Sec.  
721.9719(a)(2)(ii) by a final rule that published in the Federal 
Register of February 8, 2012 (77 FR 6476) (FRL-9330-6).
    In order to remove the erroneous cross-reference before the 
effective date of the February 8, 2012 final rule, EPA published the 
final rule technical correction in the Federal Register of March 7, 
2012. Subsequently, however, the Office of the Federal Register (OFR) 
determined that the placement of the correction text in that document 
did not satisfy OFR's format requirements, and a second correction was 
necessary to effectuate the change in the Code of Federal Regulations 
(CFR). Since the February 8, 2012 final rule had become effective, the 
OFR instructed EPA to do this second correction as a technical 
amendment to the CFR.

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 hazard communication 
requirement that is being removed was never intended to be included in 
the significant new use rule (SNUR), 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 
erroneous notice and no harm resulting from deleting the unnecessary 
requirement for a developmental effect warning. 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 technical amendment effectuates the March 7, 2012 technical 
correction to remove an erroneous cross-reference that was placed in 
Sec.  721.9719(a)(2)(ii) when the final rule published in the Federal 
Register of February 8, 2012, modifying significant new uses of tris 
carbamoyl triazine. The February 8, 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 USC 601 et seq.), or to sections 
202 and 205 of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531 
et seq.). Nor does this technical amendment

[[Page 24409]]

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 
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: April 12, 2012.
Ward Penberthy,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

    Therefore, 40 CFR part 721 is corrected by making the following 
technical amendment:

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.  721.9719, revise paragraph (a)(2)(ii) to read as follows:


Sec.  721.9719  Tris carbamoyl triazine (generic).

    (a) * * *
    (2) * * *
    (ii) Hazard communication program. Requirements as specified in 
Sec.  721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(ii), (g)(1)(iv), (g)(2)(ii), (g)(2)(iv), and (g)(5).
* * * * *
[FR Doc. 2012-9844 Filed 4-23-12; 8:45 am]
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